Immigration into the United States? Anyone been there/know much about this?

posted 2 years ago in Legal
Post # 4
Member
7467 posts
Busy Beekeeper
  • Wedding: October 2014

A visa holder cannot sponsor their fiance or spouse; you must have a green card or citizenship to sponsor a spouse, and only a citizen can sponsor a fiance.

Post # 6
Member
47 posts
Newbee
  • Wedding: May 2019

When my Fiance was offered a job in the US a few years ago (didn’t end up taking it) we were told Visa holders can sponsor their spouses, but their spouses are not necissarily allowed to work, or only allowed to make a certain amount of money (like $5,000 a year or something). 

You need to speak to an Immigration lawyer to figure out what the best plan of action for your family is. 

Post # 7
Member
1716 posts
Bumble bee
  • Wedding: May 2018

I meant to include this earlier too.  You never know what the future holds and I know it’s unpleasant to think about,  but if your status is based on his and he passed away, you probably would want to return home. But if you built a life here and wanted to remain you would have an easier time of it if you had status in your own right. There’s probably some sort of relief available too,  but still. 

I only mention this because my cousin was 23 when he petitioned for his fiance and she came over on a fiance visa.  They were only married a year before he died in an airplane accident (he was studying to be a pilot and he and his instructor died. ) it was really tragic and she was able to still get status and has been able to remain here and became a citizen last year. I know it was really stressful for her to consider her legal status in addition to dealing with her grief. 

Post # 8
Member
1110 posts
Bumble bee
  • Wedding: July 2018 - Fremont, CA

There is a wonderful website that can help you: visajourney. 🙂

Post # 9
Member
9426 posts
Buzzing Beekeeper
  • Wedding: July 2016

View original reply
graces7 :  spouse is better.. if they are a US citizen.

given your circumstances.. i think you want your own employer-based green card. (Eta: sorry, i meant visa)

PP mentioned getting an immigration lawyer.. you really should do that.  I used one when I immigrated (my spouse is American, I am Canadian) and it was worth it, your case will be more difficult.

The consult was like, $200.  

Post # 10
Member
1542 posts
Bumble bee
  • Wedding: June 2018

Hi, I just want to let you know that even if your husband does rotations in the US, and completes a residency in the US, he won’t necessarily be allowed to stay afterwards. I am a resident right now, I know a lot of people who are here for residency on visas that require them to leave afterwards. You might already be aware of this, but just in case you aren’t, make sure you factor that in to your plans! I have a friend who met her husband during intern year. He was from Canada and was doing residency in the US. They got married and had twins. Then he graduated from residency, and even though he was now MARRIED to a citizen, he was required to leave the country because the type of visa he was using mandated it. He had to reapply for a new kind of visa once he was back in Canada. 

Post # 13
Member
1542 posts
Bumble bee
  • Wedding: June 2018

View original reply
graces7 :  Sorry I think I missed that section of your post, but I’m glad you guys are well informed!

I’ll also add- I don’t know where you two are located right now, but I grew up in Detroit which is right across the river from Windsor, Ontario. A lot of people commute across the border for work. If you have a hard time getting a visa or finding employment in the US, there are A LOT of hospitals and residency programs in the Detroit area, and it would actually be pretty feasible for you to live in Windsor and your husband could commute across the border.

Post # 14
Member
1110 posts
Bumble bee
  • Wedding: July 2018 - Fremont, CA

You can’t have a spouse vIsa unless you get married to a permanent resident (green card holder for over 3 years) or an American citizen. 

Post # 15
Member
395 posts
Helper bee
  • Wedding: October 2005

View original reply
graces7 :  I’d suggest getting your own H1B based on your employment. As a spouse of an H1B visa holder, you would get H4 and be grounded at home with no work permit. J2 spouse can work but the underserved area requirement can be challenging, you would need to ask yourselves if it’s worth the waiver. Also, there is no mechanism for granting visas to significant others who are not legally married.

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