calvm

Smells like fraud is involved here ....!!

Hi, I have a good friend who lives in Australia and is a citizen there. He is interested in coming to the United States to work.

​He has no Degree of any sort, he has his high school diploma. He only has many years of experience in customer service and hospitality.

He has spoken to a immigration attorney in Australia and the attorney believes his best option is to come to the United States on a tourist visa and physically apply for work.

He understands that this will be hard because no companies will give him a working visa/sponsorships just like that But that is his best option.

My question is if there is any advice to give him or if there is any other way to make it to the United States?

​Thank you, I hope some one will help

Won't work - he will be ineligible to be sponsored for most of the specialized work visas like H1 (owing to his lack of formal education beyond high school). Possibly the only option may be seasonal work visas like H2 etc... if you can find someone to sponsor him before he comes.

just got the card production notification ... good luck to those still waiting ...!!

How about your Date of I-751? When is it?

I-751 filing date - 01/19/2016

Yup ...still waiting on our ROC from CSC:

Receipt 1 date - 01/21/2016

Bio - 02/20/2016

They are definitely NOT desperately want to come here. I just thought it would be nice for them to have there honey moon here in the States. The ONLY reason why I was thinking about changing the information was purely because they did it incorrectly last time. According to what you said, cousin does not count as relative. It has nothing to do with trying to change their circumstances at all.

There is no point in changing any prior information - Since that will continue to reside for the evaluate again. Best recourse is to skip for now and travel after a significantly later time when any stronger proof of ties can be shared on visa application. (e.g. Job with significantly large paycheck etc.)

Gathering bits and pieces from here and immigration web site, I think she needs to apply for removal of conditions...then her 10 year green card... The as long as she has been in USA 3 years she can apply for citizenship... I think she must give up Philippines citizenship for this, then reapply for Philippines to be a dual citizen.

What kind of costs are involved?

She can apply for citizenship after her ROC is filed AND she has been MARRIED to a US citizen for 3 years - Not been in US for 3 years.

Like i said before, those customization seem simple to us but it takes funds to be able to add that on top the current functionalities. Limited funding and bureaucracies makes it an uphill battle to make simple changes. I work in a govt agency and I know this for a fact. USCIS do not have to give you a tracking number. The tracking is for their own use. To make sure what needs to be mailed is mailed and when it was sent out.

The traditional mail is more reliable than the internet.

It seems like you expect too much from a government agency.It is 2016 but lots of agencies are still working with archaic software which have been functional and efficient for their organization workflow. It takes decades for changes to happen , if they do. Your representatives decided how much to give them so be mad at them. And by the way, $1 or even $10 fee increase can't do much.

I know I veered off topic but I get these questions at my job all day.

Don't expect much to change, use what is available and work with it.

Your statement about the need of funds is accurate, but not about USCIS needs funds from Congress to do anything.

You should know that USCIS is self dependent when it comes to fund and is one of the perhaps few government agencies that run themselves without any allocation or funding from the federal government but their own fees that they collect. Hence the politicians have lesser control on USCIS unlike other agencies.

I apologize in advance for being uninformed.

As a technology geek, I am assuming the OP is one of those really smart Brits who we desperately want to come to the USA anyway.

Why does he not take the H1-B and work the CR-1 (or AOS) in parallel?

If USCIS cannot get this one right, then God help us.

He can take the H1B route and take CR-1 or AOS preferably in parallel once in the US. However for that his employer will have to file a H1B petition in hope that it meets the cap of 65K/yr. The petitions are accepted starting April of the year and once approved, he can join the job in October of that year.

Cheers

H1b is not the only type of employment visa.

That's right. But based on the information OP wont meet L1 criteria - since he should have been working with the US organization abroad for a few years and these are for intra- company transfer.

B1 (business visa) is typically for non-paid consulting only and doesnt apply

O1 is for exceptional abilities (very high bar typically) and may apply

H1 is the most commonly used work visa for skill based visa and seems very relevant

Work visa - H1B will be most applicable to your case. If you have a job offer in hand and your potential employer can file by April 1 2016 (assuming your employer is able to apply and get a petition among the 65K cap limit, and have a job for you starting October 2016) the earliest you can enter the US and work if from Oct 2016. This will be faster and since H1B is a dual intent visa, it should not create any issues for your immigration intent.

You mentioned you had exceptional abilities - in that case they can consider O1 which has a very tight requirement. If you can qualify for O1 visa you can very well apply for your own green card in EB1 category and be done within 5-6 months.

Goodluck!

Firstly apologies as I am sure this question has been addressed previously.

After dating for 6 years my American girlfriend and I got married in September 2015. She continues to live and work in the US whilst I live and work in the UK. Obviously the idea is that at some point we live at the same address ! (even the same continent would be nice !)

I appreciate we need to take proper advice but could someone walk me through the spousal visa process.

I also have an offer of employment from the US - not sure if it helps but the US entity offering me employment could make a case for the role being one that would be hard to fill in the US due to my work expertise. Does this help me ?

In the expert opinion of those on this board should I pursue the spousal entry route or the employment entry route ?

Hope this makes sense. Any thoughts appreciated.

Buster1995

Based on what you are describing, the vibes are not positive and you should move on or be used...!!...But at the end of the day its your call and you know the situation in its totality.. Good luck ..Cheers!!

Greetings all,

I'm here seeking any unbiased opinions I can get. Here is my situation:

My girlfriend is an international student currently on the tail end of OPT. We have been dating for under a year. Ten months to be exact. I knew very well going into the relationship about her status and was open to the idea of a legitimate marriage.

However, our relationship has been very rocky from the beginning. She continually blamed me for not wanting to spend time with her when I was/am dealing with my mom's cancer treatment as the sole caretaker and still working full time. As time went on, I have seen a side of her that makes me uneasy. She seems to always play the role of a victim saying international students are discriminated and looked down on. All our arguments have started because she alleges I can't and don't understand her. Essentially she always blames me for all our arguments. Here's just one example. I made a reservation for 7PM to take her out to a nice steakhouse during Restaurant Week. We agreed to meet at a convenient location since I was coming directly from work. I arrived at the agreed location on time. She was late. Mind you this was her day off so she was home ALL day. Well, when she finally arrived 30 minutes after our agreed upon time, she was upset and blamed me for making us late for the reservation.

With all the arguments and the short time we've been dating on top of the 5 breakups in that time, I'm not ready to get married. I feel she wants everything handed to her. I proposed the idea of a prenup (since I have family assets) but she shot that down real quick. She blew up and was offended even explaining to her why it is necessary. All of her options to resolve "our" problems (her status) are: 1) get married 2) get married 3) get married. According to her, this will stop our arguments. She pitched those options saying she can continue to be with me, go to school with cheaper tuition, and reach her goal of opening a restaurant. Didn't hear anything on how I'd benefit.

I feel it is unlikely that she is using me, but I suppose the possibility is there. I think she wants to be in control and everything done her way. Now that her OPT is about to expire, she finally decides to tell me to go with the prenup route. But now I'm thinking she's just wants everything her way. I can't tolerate that and don't feel respected. I really love this girl but she drives me crazy. Now that she's towards the end of her OPT, she gave me an ultimatum to either marry her or she'll leave me and move to another state. If i don't marry her, she will go back to school and work under the table(side note:she's been in the US for 5 years and only has an AA/AS).

The thought of losing her really sucks. What should I do?

I believe you can get H1B for chef's. The problem you may have is timing with H1B availability. I would suggest explore that quickly. I did some quick search online and I was able to find a few lawyers - you may have an initial consultation with them. As far as managing F1 is concerned - you dont have much choice there - you will have to maintain the course load which qualifies your husband for a full time status.

Also - if you can swap - you can apply for a F1 while your husband can be your F2 giving him time to work out his H1B.

Good luck

Hi everyone. I'm so glad I found this site.

Here's our situation:

We came to the US (from Spain) in October 2009 on a Student Visa (my husband has the F-1 and my kids and I have the F-2).

Our idea was to apply almost immediately for an H-1B Visa through my husband. For two years we had prepared everything for our move, and we thought we'd done our homework. Two weeks after our arrival in the US we found a sponsor for my husband. Everything was going so well. Until we were informed by one lawyer, and then another and another still, that my husband cannot apply for an H-1B visa because he is a chef.

Are we affected to this reformation? We Family Based categories and Employment Based?

SOURCE:http://latino.foxnews.com/latino/politics/2014/09/05/president-obama-says-immigration-reform-will-happen-soon-but-offers-no/

Sadly these Immigration reforms are only for those who have anchor babies and border jumpers (a.k.a those who break the queue) since that's where the compassion is..thats where the heart wrenching tales can be told off people "forced" to cross the borders on the feet by their parents and relatives in search of opportunities......Others Legal immigrants with not so heart wrenching tales have to wait their turn patiently...!!

Wow.. doesn't add up.... H visa's cannot go beyond 6 years (with an extension) unless one has an approved employment based petition pending.....which won't take 20 years ...!!

Hello All,

Quick question--my husband is booking a trip to the UK on his EAD recently issued. The airline is asking for his "resident alien card number" and we are unsure where to locate this number on his "combo card."

Can you please advise if the "resident alien card number" on his "combo card" is the USCIS # or the "Category Card #."

Many thanks for the replies.

There is an A# number on your card. However you only have Advance Parole and EAD on your combo card. The A# may not be used as an Alien number yet. Once you get your green card this is your Alien# or A#.

Dear Experts,

I am from India and a company in the USA that is using a technology which I co-developed has offered me a job. I need to report to them as soon as I can. I need help in determining a suitable visa for me.

If I understand correctly, no more H1Bs will be granted this year to potential employees of private companies and I cannot apply for an L1 visa as my company is not related to the company in the USA. I guess a B1/B2 visa would be the best option right now but I am not sure if that gives me a right to work.

Any insight or suggestion would be helpful.

Thank you

PS: I have a PhD and I have travelled to the USA for a conference on a B1/B2 visa.

Well they can petition for O1 visa - which has a very high threshold and is always available...!! You cannot take a full time paid job on B1/B2

June 2014 Visa Bulletin: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-june-2014.html

I feel very sad to see the retrogression..!! I hope September brings light ..!!!

No for A LPR it will take more than 6 months. With retrogression about I happens it can easily take 12- 24 months or more.

You can do a web search to understand retrogression.

From a process standpoint

Marry

Collect your civil documents. Do a web search on what are these

File 1-130 do a web search. Uscis has great instructions.

Once I-130 is approved your application And your priority date is current your application goes to national visa center. And please search visa journey on this.

Lastly your interview Is scheduled at local us consulate.

Take the interview

And then immigrate

Please do some research. This website has great information. If this information is insufficient please also feel free to higher a lawyer. Who can be more detailed.

TN visa is not a dual intent visa. H1 and L1 are.

Would not TN be a better bet?

A few things: based on what you are saying she admitted that she was married. So they may reject your K1 and give you a chance to file for CR1.

Also like a few people have talked about lifetime ban - its not quite right. I get amused when people don't want to go into specifics and just scare others in rough situation. If someone has provided incorrect information to CO which if known would have influenced the outcome then that is material misrepresentation and this attracts in admissibility yo the US. If the sponsor is USC or LPR then for their spouses hardship waivers are available which adds time and money. Yes this is a worst case scenario solution.

However since your wife admitted to co, it may be possible that they will come back and ask you to file spouse visa and that it will add 6-13 months depending on how soon your I-130 gets approved..!!!

Good luck..I hope everything works out for you..!!

So can she still come or no. If she was baned they should told her right there you are baned all they said we will mail you a letter saying what else we need

A minor technical clarification - Work visa is a dual intent visa so there is no fraud here. However the bar for H1B is high from a perspective of job qualification match etc.. and it's already closed out for this year.

So, you haven't met in person and you're asking how to get your girlfriend here, so you can marry her, without meeting the requirements of a K1 visa? (Just so I understand)

If that's the case....

Your excuses for not having the time and money to visit are all well and good but the good ol' USCIS doesn't care. You need to have met once prior to filing for a K1. Period. End of discussion. Your gallery and such are not material to the discussion.

It's too expensive to get married in Mexico (and you don't have the time to meet her) so you can't file for a CR-1.

You know all this...which is why you're considering visa fraud and bringing her here on a work visa. I'd advise against that.

Just to put it plain....you're in Texas. She's in Mexico. It's not like she's halfway around the world. It's a three hour plane flight or less probably. Go meet her.

Don't complain about the system when you clearly have no respect for it.

I am confused? How come your wife and children didn't get the gc with you? Did you marry before you got your GC or after? Which category did you get your gc in?

Around 4 weeks for them to receive it from USCIS, enter it in the system, and generate a receipt number for you

ok my wife and my lil 2 years old daughter interview was today and i went in with them. when i first did their paperwork it was F2A and their priority date was january 2011. i just had my citizenship last month and their case was already on its way to the vietnam consulate so now after interview the gave my wife the pink slip and my daughter the blue slip saying "when your daughter IR-2 is complette please comeback for an interview." why would they interview my 2 years old daughter? and why do they make me do a seperate ir2 form when she is under her mom and both visas were paid?? im confused please someone help me im stresssing.

When you file for F2A - your spouse and children can be included on one I-130 - but it has to be seperate once you upgrade it to IR-1/2. They each need to have their own petition with two seperate IV and other fees paid at NVC ...They cease to have the derivative benefits..!!