Can you want to work in the US AND want to get married?

[netsatwork 0]

My fiancee was recently sent back to Japan with expedited removal because of a 65 day overstay on a B1 and because she mentioned getting married to me when being interviewed at the POE. She came here orginally for work and her intent upon return was work, but she now has a 5 year ban. This was about two weeks ago and we are trying to weigh our options. I have other threads on the site asking about different waivers and the process for those, but in all my reading so far it seems like there are two mutually exclusive ways to enter the country: to work and for a relationship. I can't seem to find any process for my fiancee who would like to maintain her job at her company and consider transferring to their office in the US AND get married to me.

After the problems at the POE, I don't see any way for her to get a new business visa since she mentioned getting married. Even if she got one and she came here, I would be afraid that an AOS would be denied if we got married while she was on a business visa. If we go the marriage route, then I am afraid that her association with the company and the potential for her to work in the US after we get married would bring up a 'red flag' when her visa is processing because they think she only wants to work here. We almost feel like she needs to cut all ties with her company before we get started.

Perhaps I'm just getting scared because nothing is a sure thing with this visa process, but can someone from a different country fall in love with an American and have a job?

[TayRivers 4]

My fiancee was recently sent back to Japan with expedited removal because of a 65 day overstay on a B1 and because she mentioned getting married to me when being interviewed at the POE. She came here orginally for work and her intent upon return was work, but she now has a 5 year ban. This was about two weeks ago and we are trying to weigh our options. I have other threads on the site asking about different waivers and the process for those, but in all my reading so far it seems like there are two mutually exclusive ways to enter the country: to work and for a relationship. I can't seem to find any process for my fiancee who would like to maintain her job at her company and consider transferring to their office in the US AND get married to me.

After the problems at the POE, I don't see any way for her to get a new business visa since she mentioned getting married. Even if she got one and she came here, I would be afraid that an AOS would be denied if we got married while she was on a business visa. If we go the marriage route, then I am afraid that her association with the company and the potential for her to work in the US after we get married would bring up a 'red flag' when her visa is processing because they think she only wants to work here. We almost feel like she needs to cut all ties with her company before we get started.

Perhaps I'm just getting scared because nothing is a sure thing with this visa process, but can someone from a different country fall in love with an American and have a job?

There is no way she is going to get a visa to come to the USA and work until the 5 year ban has expired. If you were to go to here country and get married and then apply for a CR-1 visa you would also need to apply for a wavier showing hardship to you.

The 5 year ban is going to be hard to get around.

[rebeccajo 14]

Your fiance/wife would be able to work in the US eventually after her next legal admission to the US.

Your hurdle is not work. It is the bar. She will need a waiver of admissibility if she desires to enter the US again - under any circumstances. Her best options for the grant of the waiver are through a family based visa.

Are you certain her bar is for 5 years? Given a 65 day overstay, this seems a bit harsh. What are the annotations in her passport?

Edited July 16, 2009 by rebeccajo

[netsatwork 0]

Your fiance/wife would be able to work in the US eventually after her next legal admission to the US.

Your hurdle is not work. It is the bar. She will need a waiver of admissibility if she desires to enter the US again - under any circumstances. Her best options for the grant of the waiver are through a family based visa.

Are you certain her bar is for 5 years? Given a 65 day overstay, this seems a bit harsh. What are the annotations in her passport? What was she doing working on a B1?

(7)(A)(i)(I) is the only thing she got. I am still trying to determine exactly where the 5 years came from because I've read that the overstay is not enough and (7)(A)(i)(I) does not necessarily mean a ban, so I don't know if was the combination or just the Dallas IO's decision for the day or what. There is no criminal history or anything. She got stopped for the overstay initially and then it was an expedited removal and she did mention that she was going to get married to me, so I assume that is the main problem.

I was hoping we could go with a 212 to get the ban removed when filing for a K1

Edited July 16, 2009 by netsatwork

[rebeccajo 14]

I'm at work and cannot spend time googling to research your annotations. I should add I am not a waiver expert. I note in your other thread you have been advised by a couple of our other reliable posters that her bar is for the expedited removal. Right now I am going to go with that because I trust those posts.

Even though I am not your most reliable source for waiver info in this communtiy, I would like to assure you that you have been incorrectly advised that you would have more chance of success with a waiver on a CR1 petition than a K1. For purposes of waiver adjudication, a fiance is regarded the same 'status' of a family member as a spouse. So your decision to proceed should not be based upon whether or not you file a K1 or marry than file CR1. Your decision to proceed should be based upon whether or not YOU can muster enough paper proof of hardship (for the waiver) should your girl not be allowed to reside with you in the US.

[Bobby+Umit 161]

My fiancee was recently sent back to Japan with expedited removal because of a 65 day overstay on a B1 and because she mentioned getting married to me when being interviewed at the POE. She came here orginally for work and her intent upon return was work, but she now has a 5 year ban.

That is a big no no - you can't use another type of visa to marry an USC. Perhaps the ban is for misrepresentation?

This was about two weeks ago and we are trying to weigh our options. I have other threads on the site asking about different waivers and the process for those, but in all my reading so far it seems like there are two mutually exclusive ways to enter the country: to work and for a relationship. I can't seem to find any process for my fiancee who would like to maintain her job at her company and consider transferring to their office in the US AND get married to me.

No visa will allow that sequence of events other than the CR-1 (which allows you to marry now, she gets visa, then can work as soon as she enters the US). You will need a waiver for the ban though.

After the problems at the POE, I don't see any way for her to get a new business visa since she mentioned getting married.

The ban will stop any visa for a period of 5 years, unless a waiver is granted.

Even if she got one and she came here, I would be afraid that an AOS would be denied if we got married while she was on a business visa.

Probably, since she received a ban on the initial attempt as you stated above.

If we go the marriage route, then I am afraid that her association with the company and the potential for her to work in the US after we get married would bring up a 'red flag' when her visa is processing because they think she only wants to work here.

No issues IMO, USCIS expects everyone wants to work, which is why they grant EAD's. I would recommend to get married now, and file for the CR-1 (and get the waiver)

We almost feel like she needs to cut all ties with her company before we get started.

Not needed - just follow the rules.

Perhaps I'm just getting scared because nothing is a sure thing with this visa process, but can someone from a different country fall in love with an American and have a job?

Certanily, people do it all the time. You messed up by planning to use the "buisness" visa to get married on. Usually, this doesn't present an issue, but you got caught and now suffer from a ban.

So get married, get rid of the ban, then have her enter on the CR-1 and she is free and clear to work!

[Surf2Salsa 0]

I’ve read your other posts. I feel bad for you and your girlfriend / fiancée and the circumstance that you face. From everything that I have seen, read and heard you can’t have multiple visas at once, even without a ban. You can’t have a work visa and then simultaneously apply for a K-1 and get married here in the US while she is overseas. There is no such thing as a come in to work and then get married visa.

Your only options are to petition a K-1 a fiancée visa or go to Japan, get married and petition her as a spouse. At the appropriate point thereafter you will need to apply for a waiver.

Look at it this way, she came into the United States, overstayed her visa, left, then intended to return on a work visa stating she was going to get married. She implied she was going to do visa fraud. She was detained, jailed, banned and deported. Now you want her to get a waiver, return to the US on a work visa, then go ahead and get married intentionally on a work visa. Apply for AOS in the US and expect immigration not to accuse her of visa fraud, not have her deported and banned for 10 years to life from the US. Careful you are not charged and added as an accessory to visa fraud.

I hope you get the point.

[Surf2Salsa 0]

Reading between the lines, I get the impression that she needs the job she has. That she has a unique skill available for her Japanese employer, that if she can’t travel and work in the US she might loose her job. It would have been an ideal situation for both of you if things would have turned out differently. But these are not the facts at present.

You have a tough long road ahead of you. Don’t make any more mistakes, have faith, be diligent and persistent and in the end you’ll find what you are looking for. Along the way you’ll find a lot of good people in this forum to guide you.

Edited July 16, 2009 by Surf2Salsa

[netsatwork 0]

OK. I am going to talk to Laurel Scott tomorrow to get her opinion on how we can proceed from. I appreciate the responses.

Just to be clear too, somehow my posts seem to get read as if I want to use a business visa for her to get here and get married. I don't want to do that. I want her to keep her job, sure, but I know already that we can't get married on her business visa. We would like to do the proper fiancee or marriage visa, I am just trying to see if her employment will be a liability to that process.

Thanks.

[Surf2Salsa 0]

Good luck

[rebeccajo 14]

OK. I am going to talk to Laurel Scott tomorrow to get her opinion on how we can proceed from. I appreciate the responses.

Just to be clear too, somehow my posts seem to get read as if I want to use a business visa for her to get here and get married. I don't want to do that. I want her to keep her job, sure, but I know already that we can't get married on her business visa. We would like to do the proper fiancee or marriage visa, I am just trying to see if her employment will be a liability to that process.

Thanks.

It's not a liability insofar as future processes go. It's sort of not relevant other than it's the reason for the troubles you have now.

For the record, I didn't take your posts to mean you were trying to 'get around something'. I took your initial post to be that of a person caught unawares of circumstances.

Also I would like to add this. Laurel Scott is a very good attorney and very well versed in waivers. Her area of expertise, though, is the consulate in Ciudad Juarez, Mexico. I am not saying she will have nothing of value to tell you. I do wonder though if she would be your best expert for an Asian consulate. You might want to think of a 'polite' way to ask that question of her.

[payxibka 10,044]

OK. I am going to talk to Laurel Scott tomorrow to get her opinion on how we can proceed from. I appreciate the responses.

Just to be clear too, somehow my posts seem to get read as if I want to use a business visa for her to get here and get married. I don't want to do that. I want her to keep her job, sure, but I know already that we can't get married on her business visa. We would like to do the proper fiancee or marriage visa, I am just trying to see if her employment will be a liability to that process.

Thanks.

Just to clarify... the "proper" visa is needed to have her STAY after marriage... A person can get married on any visa (tourist, etc..) but it is the desire to STAY after the marriage event that causes the complications.

[netsatwork 0]

Ahh..thanks for the tips on Laurel Scott and for clarifying. There is so much information about this process and so much involved that I could easily spend months and years looking it over, but we also want to get moving as quickly as possible. I have an appointment tomorrow with Laurel. Maybe I will see if there is a better resource for this type of thing. Any suggestions on where to start looking? Thank you so much.

Edited July 16, 2009 by netsatwork

[JimVaPhuong 4,863]

Ahh..thanks for the tips on Laurel Scott and for clarifying. There is so much information about this process and so much involved that I could easily spend months and years looking it over, but we also want to get moving as quickly as possible. I have an appointment tomorrow with Laurel. Maybe I will see if there is a better resource for this type of thing. Any suggestions on where to start looking? Thank you so much.

This is probably the most important lesson you learned from this, even though the price for your education was a heavy one. Hopefully, somebody else will read about your experience, and learn without having to pay the same price.

For anyone else absolutely determined to "to get moving as quickly as possible", hire a lawyer before you do anything. (I fully expect the forum gods to smite me for that statement!) The point is that there are far too many ways to severely screw this up, and if you screw it up bad enough then you may NEVER get your fiancee or spouse to the US legally. If you can't devote the time to educating yourself, then you need an attorney.

I firmly believe that your best chances of success are investing the months needed to learn how the process works, get advice from people experienced when necessary, and then do it yourself. (Looking for a little redemption from the forum gods here...) To improve your chances even more, you can keep an attorney on retainer just for specific legal advice when you need it, but keep the reigns firmly in your own hands.

Your second best chances are to invest considerable time in learning the process, and then hire an attorney to do the work - but monitor EVERYTHING he/she does, and insist on approving every document they submit BEFORE they submit it. You have a pretty good chance of catching any mistakes they make (and they DO often make mistakes) before they come back to bite you. Like it or not, your attorney has a lot of other cases they are working, and your case will NEVER be as important to them as it is to you.

If you simply haven't the time, or haven't the desire, or just don't have the mental capacity to learn what you need to learn, then hire an attorney and let them do everything. It will take a bit longer, and there's a higher chance of mistakes than if you are actively involved, but the chances aren't nearly as high as if you dive in by yourself without doing your homework.

Good luck!

[rebeccajo 14]

Jim -

Filing a waiver is a LOT more complicated than filing for the visa. I'm fairly confident that netsatwork could file his own I29F petition and get it approved - after all he seems reasonably intelligent and a quick learner.

It's the consular phase which will be much trickier for them. In this case the services of a qualified attorney cannot be overemphasized. netsatwork's fiance will need preparation for the verbal portion of the interview so she doesn't trip up her case any further. After all, we know going in that the visa will be denied. She needs to prepare for this mentally AND paperwork-wise. She can speed her case along if she has the waiver in hand on interview day for immediate filing.

Entering the consulate knowing you will be denied has to be heartwrenching. Going in armed with a good waiver is more than just 'necessary' for visa approval - it's necessary for the mental health of the beneficiary.

Edited July 16, 2009 by rebeccajo