Worker H1B visa - any advice

[supranatural 1]

Hi

I am probably going to file a K-1 Visa for my fiancee but I have another possibility, and I don't see any forums here that would address my question. My fiancee is from Ukraine and I am planning on having some business interests there. I have my own consulting company (IT - computers). I see a possibility that I could hire my fiancee and sponsor her with an H1B visa - I would probably use her in the capacity as a translator/interpreter for the people I have to deal with in Ukraine. Is this a feasible route to take? Are there any forums for this?

Thanks

[Rob & Jin 0]

Hi

I am probably going to file a K-1 Visa for my fiancee but I have another possibility, and I don't see any forums here that would address my question. My fiancee is from Ukraine and I am planning on having some business interests there. I have my own consulting company (IT - computers). I see a possibility that I could hire my fiancee and sponsor her with an H1B visa - I would probably use her in the capacity as a translator/interpreter for the people I have to deal with in Ukraine. Is this a feasible route to take? Are there any forums for this?

Thanks

Only 2 potential problems I can see;

1. She would have to return once visa expires.

2. If you do H1B then marry in USA, it could be seen as visa fraud, as your intent was/is for her to immigrate here all along.

This is just my opinion.

Edited October 25, 2007 by Rob & Jin

[~Laura and Nick~ 5]

Only 2 potential problems I can see;

1. She would have to return once visa expires.

2. If you do H1B then marry in USA, it could be seen as visa fraud, as your intent was/is for her to immigrate here all along.

This is just my opinion.

completely agree...it could be seen as fraud.

[zqt3344 21]

Supranatural:

Even if you sponsor her on HB1 visa, you will have to get married either in USA or Ukraine at sometime or other. Then the fun begins, you can try to get her a tourist or HB1 visa so she can come to USA and visit then marry her in USA while visiting on tourist or HB1 visa, but once that happens she cannot leave USA again for long time otherwise they will not allow her to re-enter USA if she leaves to visit home until she adjusts status. Or if she is in USA on the HB1 you can marry her but even then you will have to adjust her status and she cannot leave then until adjusted or you get AP app filed and approved. I have been told it takes a long time to bring in or get a visa for a wife that you married outside the USA now, before you can travel with her back into the USA after marrying in foreign country. If you are wanting to avoid the K1 visa, your best bet is to have her fly to the USA on the visa you have for her at the time and then while she is there go get married, and technically without making grand wedding plans or invitations, otherwise considered marriage fraud per USCIS rules.

I do know this from other Russian or Ukraine women I have met and talked to here in USA that married Americans, that of the handful that got married while in USA on another type of visa(HB1 or tourist visa or student visa), that they then had a very long wait of many months or over year to get their status adjusted(AP or EAD cards also was long wait) and each one ended up going to hire a lawyer to help them in that process. So they were out time and money then.

If memory serves me correctly they told me that they had to file a I-130f since they got married either in another country(then go to USA embassy in that country and apply for visa to bring them to USA <which this may have changed right after Jan 15 of this year if I am not mistaken no more USA embassies are allowed to issue this type of visa from their location anymore so check yourself>, once in USA then file adjustment of status and wait once inside USA) or still they had to file I130F even if they got married in USA, then wait a long time or longer than filing a K1.

IMPORTANT if your finance or lady friend you are thinking of marrying has any relatives in Ukraine like parents and they wish to come and ever visit in USA, good luck, you are going to have a not so good time getting them a visa, usually it gets denied or they only allow one parent or relative to visit at a time since you and your wife already have a history of sort or circumventing the normal K1 finance process. So you better check with her first and see how important it is going to be for her parents or relatives be able to come visit her in USA, otherwise she will be going to visit them always for it will be very hard to get them a visa to USA after what you do. Just know cause I had a girl from Kalingrad tell me when she met her husband on student visa/hb1 that they got married in USA and then she had to wait for over year to get status adjusted and then her parents/relatives were denied a visa for the next 5-6 years to travel to USA, just allowed one to visit after that time. And they ended up having to hire an attorney to fix this for them after they tried filing on their own.

Also have met other Russian/Ukraine women that are married to Americans that told me that they did not even file a I130f after they got married in USA on whatever other visa they were here on, they just simply filed for AOS and suprisingly got approved within 6 months to a year. So I found that hard to fathom, but you might consider that or check into it, for I am not sure I believe that, although they told me in person that happened, but it was between 2000 - 2004 which is kind of pre 9/11 security checks and before all these new procedures you go through now, so I doubt it may be possible now, but worth checking on.

ZQT3344

Hi

I am probably going to file a K-1 Visa for my fiancee but I have another possibility, and I don't see any forums here that would address my question. My fiancee is from Ukraine and I am planning on having some business interests there. I have my own consulting company (IT - computers). I see a possibility that I could hire my fiancee and sponsor her with an H1B visa - I would probably use her in the capacity as a translator/interpreter for the people I have to deal with in Ukraine. Is this a feasible route to take? Are there any forums for this?

Thanks

[Rob & Jin 0]

Supranatural:

Even if you sponsor her on HB1 visa, you will have to get married either in USA or Ukraine at sometime or other. Then the fun begins, you can try to get her a tourist or HB1 visa so she can come to USA and visit then marry her in USA while visiting on tourist or HB1 visa, but once that happens she cannot leave USA again for long time otherwise they will not allow her to re-enter USA if she leaves to visit home until she adjusts status. Or if she is in USA on the HB1 you can marry her but even then you will have to adjust her status and she cannot leave then until adjusted or you get AP app filed and approved. I have been told it takes a long time to bring in or get a visa for a wife that you married outside the USA now, before you can travel with her back into the USA after marrying in foreign country. If you are wanting to avoid the K1 visa, your best bet is to have her fly to the USA on the visa you have for her at the time and then while she is there go get married, and technically without making grand wedding plans or invitations, otherwise considered marriage fraud per USCIS rules.

I do know this from other Russian or Ukraine women I have met and talked to here in USA that married Americans, that of the handful that got married while in USA on another type of visa(HB1 or tourist visa or student visa), that they then had a very long wait of many months or over year to get their status adjusted(AP or EAD cards also was long wait) and each one ended up going to hire a lawyer to help them in that process. So they were out time and money then.

If memory serves me correctly they told me that they had to file a I-130f since they got married either in another country(then go to USA embassy in that country and apply for visa to bring them to USA <which this may have changed right after Jan 15 of this year if I am not mistaken no more USA embassies are allowed to issue this type of visa from their location anymore so check yourself>, once in USA then file adjustment of status and wait once inside USA) or still they had to file I130F even if they got married in USA, then wait a long time or longer than filing a K1.

IMPORTANT if your finance or lady friend you are thinking of marrying has any relatives in Ukraine like parents and they wish to come and ever visit in USA, good luck, you are going to have a not so good time getting them a visa, usually it gets denied or they only allow one parent or relative to visit at a time since you and your wife already have a history of sort or circumventing the normal K1 finance process. So you better check with her first and see how important it is going to be for her parents or relatives be able to come visit her in USA, otherwise she will be going to visit them always for it will be very hard to get them a visa to USA after what you do. Just know cause I had a girl from Kalingrad tell me when she met her husband on student visa/hb1 that they got married in USA and then she had to wait for over year to get status adjusted and then her parents/relatives were denied a visa for the next 5-6 years to travel to USA, just allowed one to visit after that time. And they ended up having to hire an attorney to fix this for them after they tried filing on their own.

Also have met other Russian/Ukraine women that are married to Americans that told me that they did not even file a I130f after they got married in USA on whatever other visa they were here on, they just simply filed for AOS and suprisingly got approved within 6 months to a year. So I found that hard to fathom, but you might consider that or check into it, for I am not sure I believe that, although they told me in person that happened, but it was between 2000 - 2004 which is kind of pre 9/11 security checks and before all these new procedures you go through now, so I doubt it may be possible now, but worth checking on.

ZQT3344

Hi

I am probably going to file a K-1 Visa for my fiancee but I have another possibility, and I don't see any forums here that would address my question. My fiancee is from Ukraine and I am planning on having some business interests there. I have my own consulting company (IT - computers). I see a possibility that I could hire my fiancee and sponsor her with an H1B visa - I would probably use her in the capacity as a translator/interpreter for the people I have to deal with in Ukraine. Is this a feasible route to take? Are there any forums for this?

Thanks

Thats fraud, to bring someone over on a H1B or tourist visa with the intent to marry and live here, period

[Fandango 1,439]

it's not 'could be seen as fraud'...it IS fraud because there is no intent to perm settle in the US on a work visa. I can't see how that wouldn't come out in an AOS interview.

[supranatural 1]

Yes that is possible, however this is a legitimate job for which I need the position. I may rethink it however, with the quotas it may not be a great option for me as I don't want to wait a year.

[Fandango 1,439]

Yes that is possible, however this is a legitimate job for which I need the position. I may rethink it however, with the quotas it may not be a great option for me as I don't want to wait a year.

Even if it is a legitimate job, the scope of a work visa is not to provide a path to permanent residency in the US. So if he uses a work visa to come here and marry...even if the work visa is for legitimate reasons....it still is considered fraudulent, and you may have problems with AOS.

Think about it. If you go for an interview for AOS...it's going to come out that his fiance sponsored him...and BOOM! you've just proven a fraudulent use of the work visa. Or then you're faced with lying about your relationship & somehow recreating it after you sponsored him? To me, it's dodgy at best, and you want to make sure that your fiance's claim for a greencard is on the firmest ground it can be. No one wants to rec a deportation order or fight for the right to stay because of trying to cut the waiting time short by a few mos at best.

A better way, imo...is just sponsor him with the K-1 and employ him when he gets here after he gets his work permit!

Good luck!

[Rob & Jin 0]

Yes that is possible, however this is a legitimate job for which I need the position. I may rethink it however, with the quotas it may not be a great option for me as I don't want to wait a year.

Even if it is a legitimate job, the scope of a work visa is not to provide a path to permanent residency in the US. So if he uses a work visa to come here and marry...even if the work visa is for legitimate reasons....it still is considered fraudulent, and you may have problems with AOS.

Think about it. If you go for an interview for AOS...it's going to come out that his fiance sponsored him...and BOOM! you've just proven a fraudulent use of the work visa. Or then you're faced with lying about your relationship & somehow recreating it after you sponsored him? To me, it's dodgy at best, and you want to make sure that your fiance's claim for a greencard is on the firmest ground it can be. No one wants to rec a deportation order or fight for the right to stay because of trying to cut the waiting time short by a few mos at best.

A better way, imo...is just sponsor him with the K-1 and employ him when he gets here after he gets his work permit!

Good luck!

I second that

[pushbrk 12,295]

Only 2 potential problems I can see;

1. She would have to return once visa expires.

2. If you do H1B then marry in USA, it could be seen as visa fraud, as your intent was/is for her to immigrate here all along.

This is just my opinion.

completely agree...it could be seen as fraud.

No worries. The H1B visa is a dual intent visa. Marrying and adjusting status after arrival is allowed. Just google "H1B visa dual intent" if you have any question.

I think it's a great idea, provided the H1B reasons are legitimate. The limit for 2007 has been surpassed, however, so you'll need to start the process in 2008.

To the OP, if you need information about H1B visas, it won't come from here but google is your friend.

[Fandango 1,439]

Only 2 potential problems I can see;

1. She would have to return once visa expires.

2. If you do H1B then marry in USA, it could be seen as visa fraud, as your intent was/is for her to immigrate here all along.

This is just my opinion.

completely agree...it could be seen as fraud.

No worries. The H1B visa is a dual intent visa. Marrying and adjusting status after arrival is allowed. Just google "H1B visa dual intent" if you have any question.

I think it's a great idea, provided the H1B reasons are legitimate. The limit for 2007 has been surpassed, however, so you'll need to start the process in 2008.

To the OP, if you need information about H1B visas, it won't come from here but google is your friend.

Well if this is correct, disregard my advice as it would be incorrect in this case!

wow, learn summat new everyday!

[zqt3344 21]

Supranatural:

Like I said earlier, you can get married while your worker girlfriend is in USA on HB1 visa to you, just has to be a spontenous thing, no where does it say it is illegal to get married to a foriegner working in USA while on HB1 visa. You just have to realize the possible consequences if you choose that route, while later on in future waiting to adjust status to get her that green card, it is going to be a long wait I am sure. I think you will find that you will have to wait even longer after getting married on this HB1 visa to adjust status and get green card, matter of fact a lot longer. I know from experience and talking to others that got married on HB1 or tourist visa or student visa, there are positives(fast immediate marriage if you already have one of those visas in hand and the foriegner is already in USA) or the negatives(waiting a long long long time for AOS, AP or EAD and having to make sure you can explain sponsoring your wife on HB1, then marrying her while in USA). I think you can get a K1 visa as fast as if not faster than the time it will take you to file for HB1 visa anyway for 2007 year anyway. Hey you had a legitimate question, your situation is just different than most on here, so you will get blasted a bit on this forum because you have access to one other option to marrying your foriegn mate that these others do not have.

SPEAKING from my own experience: And my wife already had a 5 year tourist visa to come and go in and out of the USA at will, and yes we considered doing what you did, have her come to USA on visit with her tourist visa and never go back to Ukraine and get married while she was here visiting, BUT like I said the downside is no wedding plans or guests and no family visiting for a long long long time and you will be waiting a while to Adjust her Status or get AP or EAD, simply because of the manner in which you got married instead of the routine K1 process, this I know from talking to other couples that married in the same way you did, ie HB1, tourist, student visa whatever visa they were here visiting USA on, and each spouse had to wait for at least a year before they were granted a green card interview or AP or EAD card. I would suspect that is the USCIS way of punishing you for trying to skirt their system, even though they cannot prove you did that and even though what you did was technically legal.

Only 2 potential problems I can see;

1. She would have to return once visa expires.

2. If you do H1B then marry in USA, it could be seen as visa fraud, as your intent was/is for her to immigrate here all along.

This is just my opinion.

completely agree...it could be seen as fraud.

No worries. The H1B visa is a dual intent visa. Marrying and adjusting status after arrival is allowed. Just google "H1B visa dual intent" if you have any question.

I think it's a great idea, provided the H1B reasons are legitimate. The limit for 2007 has been surpassed, however, so you'll need to start the process in 2008.

To the OP, if you need information about H1B visas, it won't come from here but google is your friend.

Well if this is correct, disregard my advice as it would be incorrect in this case!

wow, learn summat new everyday!

[supranatural 1]

Hi zgt3344, thanks for explaining the positives and negatives of the H1b - I think I will go with the K1 as she wants us to have a wedding in her hometown as well too and I don't want to deny her that nor the ability to travel back and forth to UA either as it would be pointless for my business venture if she could not accompany me and be my translator...I guess I'll just have to marry her and hire her afterwards .

Thanks again all for the feedback it is much appreciated. I may look at the K3 process as well too since marriage in her country is something I'd be willing to do as well.

[pushbrk 12,295]

Hi zgt3344, thanks for explaining the positives and negatives of the H1b - I think I will go with the K1 as she wants us to have a wedding in her hometown as well too and I don't want to deny her that nor the ability to travel back and forth to UA either as it would be pointless for my business venture if she could not accompany me and be my translator...I guess I'll just have to marry her and hire her afterwards .

Thanks again all for the feedback it is much appreciated. I may look at the K3 process as well too since marriage in her country is something I'd be willing to do as well.

The K1 doesn't allow travel after entry until she receives advanced parole. That takes about three months. Another path I'd take a hard look at is the CR1 visa. Just check the guides for spouse visas. You marry first, then petition. When she enters using the CR1 visa, she enters with permanent resident status and will recieve a green card in the mail shortly as well as a SSN.

K3 works but she must wait for employment authorization. K3 doesn't have the travel restrictions. It's multiple entry for two years after initial entry.

[zqt3344 21]

Hi zgt3344, thanks for explaining the positives and negatives of the H1b - I think I will go with the K1 as she wants us to have a wedding in her hometown as well too and I don't want to deny her that nor the ability to travel back and forth to UA either as it would be pointless for my business venture if she could not accompany me and be my translator...I guess I'll just have to marry her and hire her afterwards .

Thanks again all for the feedback it is much appreciated. I may look at the K3 process as well too since marriage in her country is something I'd be willing to do as well.

NO problem, I know what you are going through and thinking and it is hard to wait. Anyway I do not think Cr-1 or K3 will be any faster than K1 based on what I found out and researched myself a year ago. But does not hurt to look into since everyone has different time line and situation. K3 would be if you marry her in Ukraine and then go to embassy for visa, but for some reason I think they stopped interviewing for that or granting those type of visas this past Jan or Feb you would just have to email them or check their website to make sure. Not so sure about CR-1 but Pushbrk may be onto something, might ask him some for some more info on it. Good luck. Hang in there, I know you hear this all the time but it is worth it for these Ukraine women are truly unbelievable to have as a girlfriend, finance or wife they are simply the best in the world so it is worth the wait for 3 to 6 months for K1.

ZQT3344