Visa advice - Long distance relationship

Sightaridis

I am looking to spend some time in the USA to be with my girlfriend. One of the most glaring and possibly easiest forms of this seems to be the fiancé visa, however it doesn't seem wise to jump into marriage in our situation, we've only met once for a period of 3 weeks and we will meet again in October. I don't want to keep flying back and forth however. All I want to do is spend significant time with her, say a trial run of actually living and working in the USA and living with her, to work towards the possible goal of becoming a permanent resident. (eventual K1 visa)

What would be my best option? I am traveling on the Visa Waiver Program currently but this does not allow me to work and limits me to 90 days. I graduate from college in November earning a degree in photographic media but I doubt I will be able to get work in that field which makes me think the J1 will be no use to me.

I've spent so long reading about visas but I find it all very confusing and overwhelming and would like some advice tailored to my personal situation. Any help is greatly appreciated.

silja

J1 is the best option- other visas which allow work are very difficult to come by. Or, if you have the funds, you could further your studies with an F1 student visa, but it only allows limited work on campus.

Sightaridis

Work would be my number 1 priority so I could support myself, I would like to further my studies at a later stage in my life.

J1 presents some problems for me. Firstly I have no idea if my degree could get me any work over there and secondly, if it all went well after 12 months and I wanted to be with her, I still must return to Ireland for 2 years which is enough to make me forget about the J1 all together...

I could always enter the DV Lotto and try my luck. If I did so, would it affect my pursuit of any other type of visa or interfere with my VWP that I use to see her?

silja

DV lottery isn't going to affect anything else.

lonestargirl

Sightaridis wrote: »

J1 presents some problems for me. Firstly I have no idea if my degree could get me any work over there and secondly, if it all went well after 12 months and I wanted to be with her, I still must return to Ireland for 2 years which is enough to make me forget about the J1 all together...

The 2-year rule only applies to certain J1 visas (doctors, if the US government is paying you). It does not apply for the 1 year IWT J1 visa. I think this is your best option.

Sightaridis

silja wrote: »

DV lottery isn't going to affect anything else.

That is very good to know, I will give it a shot and hope I get lucky. What would happen if I was working in the USA on a J1 and was then notified that I was one of the winners of the DV lottery? Also don't they look at my entry in the lotto as a sign I want to be in the United States on a permanent basis and thus be more suspicious of me if I go there on a J1?

lonestargirl wrote: »

The 2-year rule only applies to certain J1 visas (doctors, if the US government is paying you). It does not apply for the 1 year IWT J1 visa. I think this is your best option.

Hm, that has given me some hope then for this route then. I still do worry about being able to find work in my area but at least I would not have to stay in Ireland for 2 years after my visa. I will do a lot of reading on this type of visa. Thanks!

silja

If you were in the USA legally at the time your interview for the DV visa happens, you could simply adjust status.

spideog7

lonestargirl wrote: »

The 2-year rule only applies to certain J1 visas (doctors, if the US government is paying you). It does not apply for the 1 year IWT J1 visa. I think this is your best option.

The first bit is true the second bit is not. It is possible that you could fall into a category for which the 2 year rule would apply if you were on the IWT J1, after all it's just a regular J1 but they've waived the requirement to have a job before leaving.

lonestargirl

spideog7 wrote: »

The first bit is true the second bit is not. It is possible that you could fall into a category for which the 2 year rule would apply if you were on the IWT J1, after all it's just a regular J1 but they've waived the requirement to have a job before leaving.

Do you mean if you got a job with the Government it would apply? I don't think you are correct - whether the 2-year rule applies is decided when the visa is issued. I had it and it was written on my visa from the outset.

spideog7

What's written on the visa is not binding, the only way to know for sure if the 2 year rule applies to you is to request an "Advisory Opinion" from the DoS. All J visa's can be subject to the 2 year rule if you meet any of the requirements. The IWT visa is a perfect example of why not to trust what's written on your visa, it allows you to travel to the US without a job secured and later start a job which would make you subject to the two year rule. You are obliged to inform your sponsor when you find that job and then file the necessary training plan which will inform DoS of your new position at which point they will update your status with respect to the 2 year rule.

It only applies in the following circumstances:
Government funding (A federally funded position or one funded by your home country)
Exchange Visitor Skills List (A list of skills currently required in your home country - this generally only applies to developing countries currently no skills listed for Ireland)
Graduate medical education or training

c-90

dont want to hijack the ops thread, but im in a very similar situation. im currently liveing in ireland with my partner and our baby who are both us citizens, i know the best bet is either a k-1 or k-3 which we plan on applying for in a year or two but if i apllied for the dv lottery will this affect them? and do i need to put either of them on the application for the lottery seen as theyre already us citizens???

silja

DV lottery will not affect a later fiance/ spousal visa.
FYI, forget the K3, it is obsolete. Go for the CR-1 spousal visa when the time comes. It is cheaper than the K1 fiance visa, and you get a greencard immediately upon entry to the USA, meaning you can work, get a drivers license etc.

c-90

just looked up the cr1 process, seems to take a very long time and were not actually married yet and apart from a bank account and a baby we dont have any other evidence, maybe im being paranoid. also can the petioner send theyre petition from outside the states on a k1 or cr1?

silja

Yes, that is how long it takes (8-12 months) now filing directly with the embassy is not an option anymore. The K1 only takes a few weeks less, but the problem with it (other than being more expensive) is that once in the USA, you would need to adjust status after being married. This means you will not be able to work for 6-ish months once there- not an option for many couples.

A joint bank account is very good evidence, as it is co-mingling of assets. You being on the birth cert is also good. Surely you have some photos of the two of you together over the years, preferably with family? Is either of you working for an employer and if so, do you have the other listed as next-of-kin/ emergency contact?

Yes, the petitioner can send the files from outside the USA. The main issue when the petitioner lives outside the USA tends to be the affidavit of support- ie your fiance/ wife will need to show she can financially support you once in the USA, to the tune of $24'000/ year income for a household of 3 (wife, you, baby). As she does not have a US based job, this is difficult. Three options:
- She moves to the US ahead of you and gets a job.
- Sponsor on assets such as savings, property, shares (must be US based and 3 times the income amount- ie around $75'000).
- Get a co-sponsor; a US based person who will stand guarantoor for you and makes enough.

c-90

thanks for the advice silja!:)

i never thought about pictures:o.we also have letters from when she lived in the states and tickets back and forth for about a year. i presumed they would have wanted more official type such as ownership of porperty together and such.

yeah 6-8 months is definatly out of the question!

silja

The DV lottery (presuming you are selected) can take just as long, depending on when you get the interview... there is no quick way to move to the USA.