So as mentioned in several threads, the lovely, and Australian, Araminty and I have formed an interncontinental doper romance. So, we are ready to take the next big step and have her move here. (To the US). But we’re not sure how to proceed. What’s the right kind of visa for her to get given that:
(1) the at least hypothetical plan is for her to move permanently (although obviously thing’s might go wrong, relationshipwise)
(2) She’d like to get a job (in the field of science education), but there’s no reason to think she’ll be able to get an offer before moving. And if she can’t get a real job immediately, she would likely need to get some random job (bookstore clerk or what have you) as a stopgap measure
(3) we are presumably not going to get married in the next 90 days
Any specific or general advice would be welcome…
thanks!
Got no suggestions, but congrats on making the move, guys.
Now, if you and the lovely Araminty ever want to head back over here, I’ve got immigration advice out the ying-yang (expat brit husband, expat 'merkan stepfather).
Well, for marriage and fiancee type visas, you could do worse than talk to the good folks at Visajourney
As I understand it, though, that isn’t exactly what you want. The trouble is, the USA offers few options for unmarried partners. My wife and I would likely have married anyway, but our decision to do so was certainly hastened by the fact that there was no real alternative if we wanted to be together.
All of this just goes to show that the mere fact I’ve been in a somewhat similar situation doesn’t make me an expert 
Perhaps an immigration lawyer could see some more options - one who is a member of the AILA
And congratulations!
I would put out a call to Eva Luna, immigration paralegal. I have no advice to offer you, as I came on a K-1 (fiancee) visa. Good luck to you!
- Go to airport and pick her up.
- Have her sign pre-nup.
- Drive to Las Vegas.
- Get married.
- Even if the marriage ends in divorce, the US gets a science teacher (we need 'em) and you have a hell of a story to tell your buddies at the bar.
If she is a credentialed science teacher she should be able to get a job. We need science teachers desperately, and I am sure that in CA they are positively used to importing teachers from Mexico --we do that here in Dallas–and so have people in the district that specialize in Visas and stuff, as well as reconciling certifications.
Her field is not classroom science teaching. Rather, she has worked in a variety of jobs at various children’s science museums, in development, in actual in-person presentation, and in management. I suspect that makes it a fair bit harder to find a job, unfortunately.
Hi gang,
Chiming in to say, yep, I have a qualification to teach high school science - but I really don’t wanna! I’ve worked in informal education for the last 5 years, in zoos and science centers, and have seen some cool jobs advertised in the field. The problem is that none of them seem willing/able to sponsor an alien employee’s visa.
Frustrating! I want my MaxTheVool!
Max and Araminty–I’m glad you guys are in love!
As far as immigration goes–I have no idea. But I want to wish you the best of luck.
How and when did you guys meet in person? (I assume you’ve done so by now, if you’re concerned about immigration issues involved with living together.)
My understanding re: work visas is that it’s difficult to get one. The number available per year is limited, and there are more applications than available visas on the first day of applications for a particular year.*
Anyways, if you’re not going to get married that soon…you’re pretty much fucked. I’m currently in the same situation that Paul is in, and after talking with a lawyer we couldn’t find any option that did not involve marriage. But you should definitely find an immigration lawyer to help you navigate through all of this, because it is a royal PITA.
*Standard IANAL disclaimer. This I heard from my own lawyer however, when we were discussing the possible ways of getting into the country. If anyone can dig up a cite I would be very appreciative.
Whatever you do, do not have her come here on the visa waiver program (as a tourist/visitor) and then have her stay and get married and then adjust status. Many people do things this way, but it’s technically actually HARDER than if you do things RIGHT.
Doing things right means having her come visit (or you going to meet her) – you do need to meet in person before you get a fiance visa, some day – then apply for a fiance visa if you want to marry… then come on a k1 visa (fiance visa), then adjust status as a permanent resident (green card).
I flew over to meet Max last month, which was wonderful and terrifying and scary and exhilarating and awesome. And then I REALLY didn’t want to come home. We just completely clicked, and I can’t believe how lucky I am. 
Anyway, because I’m Australian, I qualify for the E-3 visa, a special Aussie-only temporary work visa for employment in a “specialty occupation.” Is informal ed a “specialty occupation”? Who knows!
It simply doesn’t work that way. Too many people would enter into fraudulent marriages if it were that easy.
A friend of mine used to travel to Korea a lot on business. He met, fell in love with and married a Korean woman. He applied for a Visa for her and then stayed in Asia until it came through. It took over two years and this was before 9/11.
I am not a lawyer, let alone an immigration expert lawyer. If you want to do this, you better get one and the sooner the better.
I also believe the requirement for being a citizen to teach is also still in effect. Now, that being said, here are the steps that COULD work:
- Enter on tourist visa.
- Have civil ceremony to marry.
- Apply for change of status, temporary work visa, and permanent resident
- Wait 3-6 months. Go to the appointments for the CIS, and the temp work visa comes. Apply for a SSN immediately.
- Another 2 years. You get your green card.
- ???
- Profit!
Of course, that’s just my opinion, and I’m no immigration professional.
There is no federal requirement that you must be a citizen to teach–off the top of my head, I work.have worked with at least half a dozen people who were legal residents. And we actively recruit (as in have job fairs) from Mexico.
State laws may very, of course, but I would be shocked if CA could afford to be so picky.
Be very careful with this. As far as I know, entering on a tourist visa when you have no intention of leaving is considered immigration fraud (you are not allowed to have immigration intent with this visa). If the government felt that you had misrepresented yourself while entering on the tourist visa it could be unpleasant.
Like the other posters, I recommend speaking to a lawyer to see what your options are. I came to the United States three years ago on an H1-B work visa (which does allow immigrant intent), met and fell in love with a US citizen and we were married last month. I am filing for permanent residency based on that.
Unfortunately the H1-B visas are much harder to get now. Jayn_Newell is correct in stating that this year’s quota was used up in the first day of applications. If you have some sort of master’s degree I believe the quota is more manageable (you still need to be fairly quick and you would have to wait until late next year). The Australian visa sounds like an interesting option.