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Subject: Re: UK - US Work Visa Queries, seeking help Posted on: Mon, 9 Aug 2004 20:28:51 +0000 (UTC)

In article <2no46eF2tg0hU1@uni-berlin.de>, L D Jones says...


Thank you for this reply, this is exactly the kind of advice I was
looking for!

> Dan wrote:
>
> > I know there is the option of immigration through marriage but, because
> > of our age, I suspect the immigration people would be suspicious and
> > disallow it.
>
> I'm not an immigration lawyer but as long as the requirements are
> fulfilled I don't think you would be denied on the basis of age alone.

Are there likely to be any problems filing forms with us both being
under the age of 21? We are both of legal age to marry.

> To get an H-1B (work) visa you need a university degree (or the
> equivalent in years of experience) and to find a US company willing to
> sponsor you. In today's US IT economy many, many people with vast
> experience are struggling to find jobs. I have 15 years IT experience
> and I don't think it would be easy to find another job if I lost mine. A
> British friend I know moved to the US over 1.5 years ago and has given
> up trying to find a job in IT (though admittedly he does live in a small
> town).

I was afraid of this. Still, there are other options open to me.

> > We're aiming to live in Portland, Oregon, which is quite a large city.
> >
> > My only concern is that an American employer may choose an American
> > employee over myself simply because it is easier and avoids all the
> > forms and paperwork. I don't know how much truth there may be to this
> > concern.
>
> This is likely to be true because the American employer has to prove he
> can't find a qualified American for the job before he can hire you.

I understand this. It would be illogical to allow a person entry to the
US purely to take a job an unemployed American could use.

> I think a K-1 (fiancee) visa would be the fastest way for you to be able
> to move to the US and work (assuming you are in the UK now and your wife
> in the states).

We actually intend to marry anyway, but thought it best to explore other
immigration options. I was concerned we would be refused.

I did research fiancee visas and discovered evidence of an ongoing
relationship could have a huge influence in the procedure. I have
various flight details, boarding passes, hotel receipts and even gas
station receipts from my visits, which I hope will prove useful.

> With a K-1 you must marry within 90 days of arrival.

This should be no problem.

Should the K-1 be applied for by myself here in the UK, or my partner in
the US? Are issues likely to arise due to us both being under the age of
21?

> Getting work auhtorization takes a variable amount of time depending on
> where you apply. Also, with work authorization after entry as K-1 you
> are not "tied" to an employer which I believe is the case with an H-1B.
> As I understand it, switching is possible but I've no idea what's involved.

I would apply for work authorization as soon as possible. Thanks to my
current job, savings and family support, I know I am able to financially
support myself and my parner (we also reseached living costs) for
several months while seeking work.

I just have one more question regarding the K-1, if you don't mind. How
long are the time gaps between applying, being approved, and then being
allowed to take residence in the US and apply for work authorization?

I understand you will not be able to give exact times, but if you, or
anybody else reading this have any ideas, please let me know.

Also, my partner currently lives with her parents, and we intend to
relocate together. Will changing locations immediately after approval
cause problems with the application?

I would also consider making use of a visa assistance company, should
anybody in this newsgroup be able to suggest a reputable one here in the
UK. I would really like to ensure all the paperwork is completed
properly and I'm willing to hire help for this.

Once again, many thanks for your help with this situation. This means a
lot to myself and my partner.

- Dan