Please help, how can my wife work in the USA?

[SalishSea 16,770]

OP, your line of inquiry is kind of surprising to me.  I can't fathom that you are married to someone from another country, and living abroad, and only just now looking into all this?  I mean, understanding that a tourist visa isn't for living and working in the US is pretty basic immigration knowledge.

[Roel 7,191]

9 minutes ago, Abe613 said:

I guess what is confusing me is that the tourist visa was good for 10 years. We have 5 left. So we could legally life there for 5 years. It seems foolish to me that she would need to leave in order to apply.

I hope your wife wasn't spending more than 6 months in the US...

 

The visa is valid for 5 years which means that during those years the wife can VISIT for SHORT periods of time - not live in the US. You really need to do more research because you have no basic understanding about how visas work...  It's in the name though - tourist visa - for tourism.

Edited May 13, 2019 by Roel

[DJ C 9]

12 hours ago, Abe613 said:

I guess what is confusing me is that the tourist visa was good for 10 years. We have 5 left. So we could legally life there for 5 years. It seems foolish to me that she would need to leave in order to apply.

B visa is a multiple entry visa with single stay not exceeding 6 months (for tourism!). The 6 months may be shorten upon entry by the immigration officer. Similar ESTA (visa waiver program) is valid for 2 years and single entry not exceeding 90 days.

Do simple google search - for example here https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html you have all the options available. Do not use visa for one purpose with the intent to do something else

[millefleur 5,035]

13 hours ago, Abe613 said:

I guess what is confusing me is that the tourist visa was good for 10 years. We have 5 left. So we could legally life there for 5 years. It seems foolish to me that she would need to leave in order to apply.

The plan you are hinting would be considered immigration fraud. If she intends to enter the US on a tourist visa in order to live in the US permanently with her spouse, that is visa fraud and abuse of the terms of the short term B visa.

 

If she wants to live and work in the US, there are only two options here: work visa (paperwork heavy and difficult to get, would not be a quick option) or CR-1/IR-1 spousal visa, which takes about 1 year. She can, in theory, visit during the time on her B visa while the spousal visa is processing, but she must return back when required to do so and also complete the interview in her home country and obtain the visa there. After obtaining the proper visa with allows her to live/work in the US, she can enter the US with the intent to live/work in the US.

 

I doubt your wife can get a work visa with no degree. The spousal visa is most likely the only option open to her. I suggest checking out the guides for the CR-1/IR-1 spousal visa and going from there.

 

 

https://www.visajourney.com/content/i130guide1

 

 

[millefleur 5,035]

On 5/11/2019 at 10:42 PM, Abe613 said:

We were both offered jobs in the Usa starting Aug. (My wife has no degree)

I also wanted to mention that if you have a pending job offer, you could consider applying directly at the Embassy for faster spousal visa processing. It's not guaranteed but in some cases they consider that an "exceptional circumstance" and would process her application directly.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

 

All basic guidelines for the CR-1/IR-1 spousal visa still apply, you just need Embassy approval for faster processing.

 

 

 

[Crazy Cat 39,218]

18 hours ago, Abe613 said:

I guess what is confusing me is that the tourist visa was good for 10 years. We have 5 left. So we could legally life there for 5 years. It seems foolish to me that she would need to leave in order to apply.

You are 100% incorrect.  With a B2 visa, you wife:

1.  Cannot work in the US

2.  Can stay for only short visits.  She can not stay in the US and live.

3.  Can not come into the US on her B2 visa with the intent to stay.

4.  Must return to her country after the short visits.

5.  Must receive the visa from the consulate IN HER COUNTRY.

[Cyberfx1024 7,978]

You guys done ran him off tsk tsk, lol. 

[Ryan H 3,790]

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