How would you suggest to get my niece here to the U.S.? Is it possible that I can petition my niece here then after a year she can change her status so that she can able to work?
Question
How would you suggest to get my niece here to the U.S.? Is it possible that I can petition my niece here then after a year she can change her status so that she can able to work?
Answer
Norma, The way to think about immigration is to look at matters from the point of view of the government. When the government issues a visa to your niece, there must be some advantage to the U.S. government.
For example, if your niece has advanced academic and technical skills that are in demand in the U.S. economy, a work visa is possible. Often, visas are limited because we need to be careful to give jobs to U.S. residents first. If she is famous, an entertainment visa or something similar to it is available. If she can invest a great deal of money and bring it into the U.S., an investment visa is possible. If she works as an executive of a multinational company, a company transfer executive visa can be possible. See, Employment Immigration.
For a visitor visa, the U.S. government generally wants her to have enough money to spend on our tourism industry. Most importantly, the government wants her to have a compelling reason to depart the U.S. at the end of her visit. The concern is that she might want to overstay her welcome as a visitor. Her economic standard of living in the Philippines should be similar to what it would be in the U.S., or she must have some other strong ties to the Philippines which would compel her to go home.
Student visas are granted to those who rank in the top of their class and who can obtain admittance to a qualified school. The better the school, the more likely it can be to obtain a student visa. The U.S. wants the brainpower of top students. Also, some wealthy foreigners pay international student tuition, which can be expensive. School fees help support our educational system.
If the government made it easy to visit, there would be a very large international population who would come here and not go home. Given this is the situation, can you think of a characteristic or a something involving your niece which would be to the advantage of the U.S. government in offering her a visa? I hope this information helps.
Kind regards,
Allan Lolly
You are welcome to contact me if you like to discuss further.
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Dear Allan,
I have read your blog and found your advice very through and informative.
I am a US Citizen and I am currently in a relationship with a Filipino woman that lives in the Philippines. I want to marry this woman, but based on my family size, my income level is not substantial enough to meet the required income level in order to sign the Affidavit of Support. I do not have the option of having anyone to be a co-sponsor. My current family size is 5, including me, and my four children from a previous marriage. My fiancee would make the total 6 in our family, once she and I are married.
My fiancee is a college graduate and possesses employable job skills; but I am not sure if she would be eligible to either get a work visa or be able to immigrate to the US on her own. Would it be possible for her to obtain a work permit and be able to work in the US, and any income that she makes from working here in the US, can it then be counted along with my income toward the required income level?
I have read different articles, and have seen indication that the income of the one being sponsored might be able to be used to satisfy this requirement. I am not sure if she and I should get married first and then apply for a CR-1 Spousal visa or apply for the K-1 Fiancee Visa. I want to marry my fiance and bring her to US to live with me.
Can you give me any advise on how what direction I should take to accomplish this goal. Is this something she and I would be able to do ourselves or should we consult an attorney for help in the filling of the paper work? Thank you for any help and advice. Sorry for the long message.
Rob
Rob, Thank you for this inquiry. I cannot tell based on what you wrote whether she might qualify for a work visa. Generally, work visas are not issued if there are people in the U.S. available to take the job. Most people don’t qualify for a work visa, but that really depends on how unusual are her skills and whether her university degree skills and employment experience distinguishes her from the pool of applicants.
If she were in the U.S. on a lawful work status and you were living together as a married couple, it can be possible to combine incomes to meet guidelines.
Hiring an experienced immigration lawyer is valuable on most any filing, depending on the issues and costs. When you make choices along the way it can affect possibilities in case processing further down the road, all the way through U.S. citizenship. The entire immigration record is open to inspection at any time, whenever dealing with immigration agencies. An attorney can make smart choices along the way and protect your interests. When something goes wrong in immigration, you will be in a better position to resolve the problem. I work with clients for years on various issues. Kindly, Allan
Allan,
Thanks for your reply and information. I have also watched your videos on YouTube, and I feel that it will be needful to hire an immigration attorney to make sure that no mistakes are made in the process. Making mistakes in trying to file everything ourselves, I fear may cost us much more in the long run, than the expense of hiring an attorney. Again thanks, I appreciate your time.
Rob
Thanks Rob. There should be a contact us spot on this page (that I can’t see when responding). Can you please follow up and we can discuss as you like? I don’t normally charge for phone consultations so I can better understand your situation. Kindly, Allan
Hi Mr Allan.. I am looking for a solution for me to meet my American fiance..we been so much in love for coming 4 years already..the first 2 years of our relationship was flowing very good..he plan to visit me but in the middle of his planning he got an accident and wasnt able to work anymore..because of that problem our relationdhip become so hard for the both of us and thinking to give up..our problem was so much as he cant work no more becsuse of his accident and now he is still waiting to go to the court for his applying for the disability..do you think we still have a chance to meet? Hope you can answer my question as im really devastated with the happen in our plan..thank you..regards…Zen
Zenaida, Thank you for your inquiry. I cannot tell your chances of success in trying to visit your fiance in the U.S. because I don’t know your nationality, or where you reside. Here is information concerning B visitor visa processing:
https://asl-lawfirm.com/b-visa-for-visitors/
If your chances of visiting the U.S. are not good, then can you meet somewhere outside the U.S.?
https://asl-lawfirm.com/blog/unable-satisfy-person-meeting-requirement-fiance-spouse-visa-processing/
There is no need to meet in your country. See where you can travel legally and meet there if he can travel to that spot.
If you like, please provide my contact information to your fiance and I would be glad to discuss possibilities. Kind regards, Allan
Hi Allan,
I have dual citizenship (Russian and USA) and currently live in the States (Boston). My girlfriend is back in Russia and has only Russian citizenship. She is studying there and all her relatives live there as well. We are planning for her to come visit me for a week. What would be the best way to approach this situation? If she says that she’s visiting her boyfriend, would that be too suspisious? Are there any documents she can provide that could help? Should we not mention that I’m her boyfriend?
Thanks in advance for any help!
Best regards,
Sasha
Sasha, This information should help:
https://asl-lawfirm.com/b-visa-for-visitors/
Kindly, Allan
I am born and raised in the U.S. I have been speaking with a girl from Mexico for several months now. We are at a point where we desire to actually meet and then see if marriage is something we would be interested in. From what I’ve read, it sounds like a B-2 visa has a high chance of being denied, since our intent is to meet for relationship reasons. A K-1 visa is for couples that have already met so we can’t get that either. I am active duty military which makes it very difficult to travel to Mexico to meet her. What do we need to do to meet?
Mike, Thank you for your inquiry. I have many military members as clients. They meet when they have leave. Is it that your CO will not allow you to travel to Mexico when you have time off, or are you in training? There is no requirement that you must meet in Mexico. For example, you could meet in the Caribbean if that is more suitable to you. Somehow you have to meet. Please call me at 1-888-483-0311 to discuss if you like and I can help sort out an immigration plan. There may be an advantage for you in marrying sooner than later. You can receive family benefits. I hope to hear from you. Kindly, Allan