Foreign workers get spousal vias easier than US citizens.

[WifeOHunkyJohn 2]

But don't the spouses need to wait for a visa number?

No - typically when a visa number becomes available for the primary applicant,

all the dependents get visas automatically.

It's the same for other categories as well. Say if a USC sponsors his sister,

when a visa number becomes available (which currently takes about 10 years),

his sister's husband and all her unmarried children under 21 will get immigrant

visas as well.

According to the USCIS info, listed in the guides for bringing USC family to the USA, it says that the spouse and the children of the sister (in your example above) then they qualify to apply for the benefits, they don't automatically get them.

For example: You file a petition for your sister. You cannot

directly petition for her husband and children. However, they

can apply for immigrant visas with her, when her place in line

is reached.[source]

Edited August 31, 2007 by WifeOHunkyJohn

[mawilson 2,133]

I don't believe a H4 status is given right away; I believe there is a one or two week application process to get the H4 status upon proving the relationship to the H1B.

I don't think they necessarily need the H4 status to adjust as spouses/dependents of an H1B holder -

they can adjust from whatever status they have.

Dr LHA will correct me if I'm wrong.

According to the USCIS info, listed in the guides for bringing USC family to the USA, it says that the spouse and the children of the sister (in your example above) then they qualify to apply for the benefits, they don't automatically get them.

For example: You file a petition for your sister. You cannot

directly petition for her husband and children. However, they

can apply for immigrant visas with her, when her place in line

is reached.[source]

Yeah.....but they get them. No-one automatically gets anything - not even the sister.

[WifeOHunkyJohn 2]

For LPRs, the guides list the USCIS document which states:

For example: You file an I-130 petition for your husband or wife.

If we approve it, your petition gives him or her a place in the line

of people from the same country who are also husbands and

wives of permanent residents.

[mawilson 2,133]

For LPRs, the guides list the USCIS document which states:

For example: You file an I-130 petition for your husband or wife.

If we approve it, your petition gives him or her a place in the line

of people from the same country who are also husbands and

wives of permanent residents.

Ok. And?

H1B's don't file I-130s for their wives and children.

[WifeOHunkyJohn 2]

I've reached the end of my understanding on this subject, and no amount of googling is making it any clearer.

All I know is that it doesn't apply to me. And I'm fine with that.

Have a great weekend

Annie

[mawilson 2,133]

I've reached the end of my understanding on this subject, and no amount of googling is making it any clearer.

All I know is that it doesn't apply to me. And I'm fine with that.

Fair enough

[WifeOHunkyJohn 2]

I've reached the end of my understanding on this subject, and no amount of googling is making it any clearer.

All I know is that it doesn't apply to me. And I'm fine with that.

Fair enough

Lol

Thanks

[Mr. Big Dog 10,747]

For LPRs, the guides list the USCIS document which states:

For example: You file an I-130 petition for your husband or wife.

If we approve it, your petition gives him or her a place in the line

of people from the same country who are also husbands and

wives of permanent residents.

Try to think in terms of "derivatve" status. Much like the K2. The child of the K1 rides to LPR status on the same wave as the K1. It's not that the K1 needs to petition for his/her child under the rules that apply to LPR's once they reach that LPR status. Rather, the child's process runs parallel to that of the K1.

It's the same for H1 and L1 derivates. And for the immediate family members (spouses and minor children) of numerically limited beneficiaries in the family categories. As well as for Visa Lottery beneficiaries - one win gets the family here.

[WifeOHunkyJohn 2]

That makes way more sense than anything I managed to find. Thanks

[Caladan 19]

Worth pointing out that F-2s, J-2s, and H4s aren't permanent residents, and two of those categories aren't authorized to work. Meaning you have a lot of wives following grad students to sit in an apartment in a country where they don't speak the language.

To my mind it's like complaining that it's easier to get a tourist visa. No kidding. No intent to remain.

[Mr. Big Dog 10,747]

Worth pointing out that F-2s, J-2s, and H4s aren't permanent residents, and two of those categories aren't authorized to work. Meaning you have a lot of wives following grad students to sit in an apartment in a country where they don't speak the language.

Which is why H1 visas aren't very popular with our foreign staff. At least with those that can come here as intracompany transfers (L1). The worst off are those that were L1's and haven't been able to complete their GC application process by the time their L1 time runs out. While they are offered to pursue and H1 to bridge the time, most say that they can't do that seeing that their spouse would then go from being eligible to work to being damned to a life on the couch.

[The_dip_sticks 0]

Worth pointing out that F-2s, J-2s, and H4s aren't permanent residents, and two of those categories aren't authorized to work. Meaning you have a lot of wives following grad students to sit in an apartment in a country where they don't speak the language.

To my mind it's like complaining that it's easier to get a tourist visa. No kidding. No intent to remain.

Thats not really true. Many of these countries teach english in shcools and spouses are educated. While they can not work here when entering the country they can validate their degrees, and thus look for a job that willl sponsor them and they can work too.

Im speak from first hand experiense seeing how a friend who as here on a student visa did it. He graduated, got sponsored by a compnay, then went to India met a girl and married her. He then brought her back to the states with in 3 weeks time after a 1wk honeymoon in Amstradam. Now she is busy at home studying so that she can take her dentist board exams so she can validate her profession here, and thus get sponsored to work ASAP. Lets all bake a cake now and sit back and see how people like them get to jump the loops ahead of US citizens. We bust our buts and people on work vias reep of other privilages that we dont have. Maybe the other spouse cant work right away BUT they get their spouse here ASAP. I mean 2-3 week waiting period is not long compared to what the rest of us have to wait for.

[AnaAndDaniel 0]

life is like a box of chocolates. said a wise person.

Daniel

:energetic:

[Caladan 19]

Worth pointing out that F-2s, J-2s, and H4s aren't permanent residents, and two of those categories aren't authorized to work. Meaning you have a lot of wives following grad students to sit in an apartment in a country where they don't speak the language.

To my mind it's like complaining that it's easier to get a tourist visa. No kidding. No intent to remain.

Thats not really true. Many of these countries teach english in shcools and spouses are educated. While they can not work here when entering the country they can validate their degrees, and thus look for a job that willl sponsor them and they can work too.

Im speak from first hand experiense seeing how a friend who as here on a student visa did it. He graduated, got sponsored by a compnay, then went to India met a girl and married her. He then brought her back to the states with in 3 weeks time after a 1wk honeymoon in Amstradam. Now she is busy at home studying so that she can take her dentist board exams so she can validate her profession here, and thus get sponsored to work ASAP. Lets all bake a cake now and sit back and see how people like them get to jump the loops ahead of US citizens. We bust our buts and people on work vias reep of other privilages that we dont have. Maybe the other spouse cant work right away BUT they get their spouse here ASAP. I mean 2-3 week waiting period is not long compared to what the rest of us have to wait for.

They're still not permanent residents. They can look for a job and get sponsored for a job and wait in the line like everyone else. J-2s and H4s aren't work authorized at ALL. IME, that means a lot of Chinese grad students with wives who struggle with depression. A friend credits the international spouses group with saving a few marriages and a couple of lives.

I agree it could be faster, and AOS is pretty ridiculous, don't get me wrong, but you're comparing apples (an F-2 who is permitted to work after filing an EAD) with oranges here. It's the IMMIGRANT intent that's doing most of the work here. They are not reaping different privileges. They're in a different category. It's longer to adjust off of an H1-B, eligibility-wise.... five years? That's a long time to bake cakes at home.

Plus, the status is dependent on someone else. Hubby fails out, or loses his job they're both out of status. It's just not the same sort of situation. Plus 'bust our butts' means what, exactly? Prove you've met in person once, intend to get married and aren't with the person just to get into the U.S.? It's a pretty low bar for an automatic green card number.

USCIS should get their ### in gear but everyone dealing with them is in the same boat. No need to throw anyone overboard.

[trailmix 77]

They're still not permanent residents. They can look for a job and get sponsored for a job and wait in the line like everyone else. J-2s and H4s aren't work authorized at ALL. IME, that means a lot of Chinese grad students with wives who struggle with depression. A friend credits the international spouses group with saving a few marriages and a couple of lives.

I agree it could be faster, and AOS is pretty ridiculous, don't get me wrong, but you're comparing apples (an F-2 who is permitted to work after filing an EAD) with oranges here. It's the IMMIGRANT intent that's doing most of the work here. They are not reaping different privileges. They're in a different category. It's longer to adjust off of an H1-B, eligibility-wise.... five years? That's a long time to bake cakes at home.

Plus, the status is dependent on someone else. Hubby fails out, or loses his job they're both out of status. It's just not the same sort of situation. Plus 'bust our butts' means what, exactly? Prove you've met in person once, intend to get married and aren't with the person just to get into the U.S.? It's a pretty low bar for an automatic green card number.

USCIS should get their ### in gear but everyone dealing with them is in the same boat. No need to throw anyone overboard.

Agreed.

Take a NAFTA visa for instance, which my Sister, her Husband (he has the NAFTA visa) and their children moved to the States on.

Sure they all got to go together and it wasn't a big hassle in terms of paperwork in the beginning (handled by a wacko lawyer hired by the company). However! Every year they had to cross the Canada/U.S. border, resubmit all their documents and risk being denied. It's very unsettling when you have a job, your residence, your children in school and your dogs in the car standing there each year not knowing whether or not you get to go home.

I'm just saying that it's not a bed of roses with a lot of these work visas.