# US Girlfriend - Please help with my options!



## Mrstrain14 (Jan 21, 2009)

Hi all,

Firstly, thanks to all who setup and run this site, I came across it today and it's excellent. 

Let me explain my situation and request some assistance if i may:

My girlfriend is a US Citizen living in California, I am a UK Citizen and will be aiming to relocate to the US in the next 12-18 months. We would both prefer to live in the US than the UK.

Having done some research and looked through several posts on this forum, I have realised that my options are more than limited. I do not qualify for a work-based visa in any way, plus this is an exceptionally long process. I may qualify for the Diversity Lottery through my Father (Northern Irish) however I have missed entry for 2010 and this may be scrapped when immigration laws are reviewed by President Obama.

I also noticed that a UK Citizen can obtain a work visa (teaching, for example) and then this qualifies their UK Citizen partner (NOT spouse or fiance) for a visa, in order to travel and reside with them. A friend of mine has just obtained his visa through this method. It doesn't seem fair that a US Citizen, who is already a resident and does not need a permit, cannot bring their partner over to be with them. 

Therfore, this leaves me with 2 options: the K-1 fiance visa, which as I understand takes 6-8 months to process and allows entry to the US to marry within 90 days. My girlfriend and I, whilst marriage is something we have discussed for the future, is not something we want to do for the sake of a visa, so for now this option is discounted.

The second option is a B-2 visitor visa, which allows me multiple trips during a period of upto 10 years, and each visit can be for a duration of 6 months (depending on the immigration officer) with option to extend for a further 6 months once admitted into the US.

I understand the B-2 visa does not give me right to work; in fact it differs from the VWP only in the length of time I may stay in the US on one 1 visit. My girlfriend and I would ensure we have the means to support me during those 6 months, so working would not be required in any case. At least we could be together for an extended period, and I could then review my options at the time.

My questions, therefore, are as follows:
1. Do I have to basic facts correct regarding these 2 Visa options mentioned?
2. What alternatives are there for us - all we want to do is be together as law-abiding, working, tax-paying residents who just happen to have been born in different countries.
3. If I decided to apply for a K-1 fiance visa, could I still travel to the US under the VWP during the 8 month processing time?
4. If I obtained a B-2 visitor visa, could I apply for a K-1 at a later date, could I apply for the K-1 whilst in the US, and how would this application affect my eligibility to travel under the B-2? 

Thank you all in advance, I know there is a lot of information here, but at the risk of sounding soppy I really love this girl and all we want to do is be together. There just doesn't seem to be provsion for that without marriage.

Thanks guys & girls. I look forward to any responses.


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## Fatbrit (May 8, 2008)

You assume you would receive a B2 visa on application. You've written nothing to suggest you even qualify for one.


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## Mrstrain14 (Jan 21, 2009)

Fatbrit said:


> You assume you would receive a B2 visa on application. You've written nothing to suggest you even qualify for one.


So let's assume that I do, for the purposes of my query.


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## kirikara (Jan 21, 2009)

Mrstrain14 said:


> Hi all,
> 
> Firstly, thanks to all who setup and run this site, I came across it today and it's excellent.
> 
> ...


Hi,
I have in the exact situation as you as I am a french citizen and my now husband is american. We wanted to live in the us for several reason (one being he did not speak enough french at the time to settle in france yet) and went through all these options too...
I ahve to say that the b2 visa might be very tough to get in your situation. I believe the immigration is going to be suspicious of your intention knowing your gf is a us citizen and you might not want to take the risk to get in a bad spot with them.

We had the idea that we did not want to rush getting married "just" for a visa. At the end of the day, we looked at everything and the situation. We had been together for 3 years (long distance), knew that we wanted to be together and that we were sure of the fact that at some point along the line we will be getting married. Granted we would neevr have gotten married so quickly if it was not for the situation (we were just graduated 23, 24 yrs old, never lived together) but that is also part of life, it brings unexpected situation where choices have to be made.
It does not always feel fair, but that is how it is.
We got married in france, and i got my got my green card through the french embassy which was fairly quick (not possible anymore though I believe)

While trying to protect your relationship., you might be taking more risk than you think. The idea of being in a new place, with no job/life of your own and a 6 month deadline coming up, might be harder on your relationship than you think...it might throw off your personnal balance of everything you will experience as an expat regardless of how much you love your nex country.

I know not everybody is able to just jump into marriage (it depends on A lot of factor and might not always be the good idea) but I would advise you consider the stress of being unstable in the us..
Is there a chance you guys can settle down in the uk for a little longer until you are ready to make the jump?


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## Fatbrit (May 8, 2008)

Mrstrain14 said:


> So let's assume that I do, for the purposes of my query.


A nice little conviction a decade or so ago for something that was neither a CIMT nor a drug offense might do it. Being of retirement age and expressing a desire to snowbird has worked before. Wanting to test drive the gf will not swing you a B2!


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## Mrstrain14 (Jan 21, 2009)

kirikara said:


> Hi,
> I have in the exact situation as you as I am a french citizen and my now husband is american. We wanted to live in the us for several reason (one being he did not speak enough french at the time to settle in france yet) and went through all these options too...
> I ahve to say that the b2 visa might be very tough to get in your situation. I believe the immigration is going to be suspicious of your intention knowing your gf is a us citizen and you might not want to take the risk to get in a bad spot with them.
> 
> ...


Hi Kirikara,

Thank you so much for your reply. I appreciate you relaying your own experiences to me.

I think that yes, our situations are very similar, and my girlfriend and I have been together less than the three years that you & your husband were, so marriage is a step we would be taking even sooner than you guys had to.

I understand what you say about immigration being suspicious, and I certainly don't want to jeapordise any future chances of being able to settle in the US, so i'm trying to gather as much information now in order to make the right decisions.

Once my girlfriend and I have explored the possibilities, we know what routes are available to us and can sit and discuss what we want to do. So I really do appreciate your advice and experiences. Thank you.


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## Mrstrain14 (Jan 21, 2009)

Fatbrit said:


> A nice little conviction a decade or so ago for something that was neither a CIMT nor a drug offense might do it. Being of retirement age and expressing a desire to snowbird has worked before. Wanting to test drive the gf will not swing you a B2!


'Test Drive'??? Not funny, and not appreciated. And whilst I do appreciate you taking the time to respond, i'm really looking for some genuine suggestions/experience/pointers moving forward based on my circumstances, rather than being told 'this won't get you it' or 'that's not gonna work'. If you feel you cannot help, then I thank you for your time, but there is little point in using your time to write further.


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## Fatbrit (May 8, 2008)

Mrstrain14 said:


> 'Test Drive'??? Not funny, and not appreciated. And whilst I do appreciate you taking the time to respond, i'm really looking for some genuine suggestions/experience/pointers moving forward based on my circumstances, rather than being told 'this won't get you it' or 'that's not gonna work'. If you feel you cannot help, then I thank you for your time, but there is little point in using your time to write further.


Please yourself. If you don't want to hear what doesn't work, go ahead and try it for yourself.

To your question of whether you understood the two visas, I found the following quote for you:

“This case vividly illustrates the labyrinthine character of modern immigration law--a maze of hyper-technical statutes and regulations that engender waste, delay, and confusion for the Government and petitioners alike. The inscrutability of the current immigration law system, and the interplay of the numerous amendments and alterations to that system by Congress during the pendency of this case, have spawned years of litigation, generated two separate opinions by the District Court, and consumed significant resources of this Court. With regret and astonishment, we determine, as explained more fully below, that this case still cannot be decided definitively but must be remanded to the District Court, and then to the Board of Immigration Appeals ("BIA"), for further proceedings.” Drax v. Reno, 338 F.3rd 98 (2nd Cir. 2003).


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## Mrstrain14 (Jan 21, 2009)

Fatbrit said:


> Please yourself. If you don't want to hear what doesn't work, go ahead and try it for yourself.
> 
> To your question of whether you understood the two visas, I found the following quote for you:
> 
> “This case vividly illustrates the labyrinthine character of modern immigration law--a maze of hyper-technical statutes and regulations that engender waste, delay, and confusion for the Government and petitioners alike. The inscrutability of the current immigration law system, and the interplay of the numerous amendments and alterations to that system by Congress during the pendency of this case, have spawned years of litigation, generated two separate opinions by the District Court, and consumed significant resources of this Court. With regret and astonishment, we determine, as explained more fully below, that this case still cannot be decided definitively but must be remanded to the District Court, and then to the Board of Immigration Appeals ("BIA"), for further proceedings.” Drax v. Reno, 338 F.3rd 98 (2nd Cir. 2003).


Thank you Fatbrit.


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## Fatbrit (May 8, 2008)

Mrstrain14 said:


> Thank you Fatbrit.


You're welcome!

In answer to your other questions...

2.
J1, H2, F1, M1 come to mind

3.
Yes -- but remember you have no right of entry.

4.
"If I obtained a B-2 visitor visa, could I apply for a K-1 at a later date,"
Yes

"could I apply for the K-1 whilst in the US, "
You can't apply for a K1 but your GF can. It does not matter where you are when she files the petition. You must be back in your home country to attend the interview and medical.

"and how would this application affect my eligibility to travel under the B-2?"
It increases CBP's suspicion that you have immigrant intent.


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## Mrstrain14 (Jan 21, 2009)

Fatbrit said:


> You're welcome!
> 
> In answer to your other questions...
> 
> ...


Fatbrit, this is excellent, just the kind of response to my questions that I was looking for. Thank you very much. Now, if only you had friends in high places who could just give me a green card...oh well, we can all dream.


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## Bevdeforges (Nov 16, 2007)

Mrstrain14 said:


> I also noticed that a UK Citizen can obtain a work visa (teaching, for example) and then this qualifies their UK Citizen partner (NOT spouse or fiance) for a visa, in order to travel and reside with them. A friend of mine has just obtained his visa through this method. It doesn't seem fair that a US Citizen, who is already a resident and does not need a permit, cannot bring their partner over to be with them.


This is the part I'm curious about. AFAIK, the US doesn't recognize "partners" of any variety unless they are married in the "traditional" sense. Not sure quite what your friend managed, but it would be interesting to know precisely what sort of visa each of them received. (OK, I'm just nosy...  )

Though you won't get as much time together, you may actually do better just to make frequent, if somewhat shorter, visits on a standard VWP. It certainly raises less suspicion if you come back and forth on an irregular schedule for visits of 3, 4 or 5 weeks at a time. That at least gives you more time to get to know each other and decide if going the marriage route is what you want.
Cheers,
Bev


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## Mrstrain14 (Jan 21, 2009)

Bevdeforges said:


> This is the part I'm curious about. AFAIK, the US doesn't recognize "partners" of any variety unless they are married in the "traditional" sense. Not sure quite what your friend managed, but it would be interesting to know precisely what sort of visa each of them received. (OK, I'm just nosy...  )
> 
> Though you won't get as much time together, you may actually do better just to make frequent, if somewhat shorter, visits on a standard VWP. It certainly raises less suspicion if you come back and forth on an irregular schedule for visits of 3, 4 or 5 weeks at a time. That at least gives you more time to get to know each other and decide if going the marriage route is what you want.
> Cheers,
> Bev


Hi Bev,

Thanks for this suggestion, it does make sense to perhaps consider frequent, irregular visits. I appreciate that.

With regards to my friend, from what I understand his partner is a Teacher and she is in the US on a teaching Visa. My friend has just received his visa this month, and it was granted based on the fact his partner already has one. Maybe I should get more clarification from him.


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## Fatbrit (May 8, 2008)

Mrstrain14 said:


> With regards to my friend, from what I understand his partner is a Teacher and she is in the US on a teaching Visa. My friend has just received his visa this month, and it was granted based on the fact his partner already has one. Maybe I should get more clarification from him.


Makes little or no sense. I'll assume (in the absence of facts!) that the "teaching visa" is an H1b. So an unmarried partner could accompany on a B2 or a married partner on a H4. Neither offer the opportunity for work. If the teacher's employer files for permanent residency, the married partner gets a green card, too, but the unmarried partner is heading on home!


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## kirikara (Jan 21, 2009)

Fatbrit said:


> Makes little or no sense. I'll assume (in the absence of facts!) that the "teaching visa" is an H1b. So an unmarried partner could accompany on a B2 or a married partner on a H4. Neither offer the opportunity for work. If the teacher's employer files for permanent residency, the married partner gets a green card, too, but the unmarried partner is heading on home!


I am thinking that so far the irregular travel visit could be the way to go (although dont do this for too long) or the j1 visa if you feel like you can study for a little while.
I belive J1 visa might allow to work part time in some cases? i could be completely wrong. One year when visiting my future husband i did the "work and travel in the us" program (back then i was in london so I am sure you can do that too) but i am not sure if you have to be a student to do that.
It was good for 90 days work and then an extra 30 days to travel I believe. Good part is you did not have to have a job lined up to apply. Mind you I never did find a job so it would have been cheaper to just take a nice vacation 

I looked into the H1b and it seemed just crazy difficult. I suppose it really depends which field of work you are in..


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## Fatbrit (May 8, 2008)

kirikara said:


> I am thinking that so far the irregular travel visit could be the way to go (although dont do this for too long) or the j1 visa if you feel like you can study for a little while.
> I belive J1 visa might allow to work part time in some cases? i could be completely wrong. One year when visiting my future husband i did the "work and travel in the us" program (back then i was in london so I am sure you can do that too) but i am not sure if you have to be a student to do that.
> It was good for 90 days work and then an extra 30 days to travel I believe. Good part is you did not have to have a job lined up to apply. Mind you I never did find a job so it would have been cheaper to just take a nice vacation
> 
> I looked into the H1b and it seemed just crazy difficult. I suppose it really depends which field of work you are in..


You're round about the Js with the "work and travel" idea. The OP hasn't give us enough information to work out a suitable one. As you say, many are connected with students (BUNAC). But others are more open if you fancy slaving at Disney or a Marriott as an intern. Ensure it doesn't have a home residency requirement at the end, though.

The H1b is a crap shoot if he qualifies. Opens for one day in April every year.


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## twostep (Apr 3, 2008)

Lets move the visa issue aside a bit first.

Is this your love of a lifetime, soulmate ...? If so - jump through the hoopes of getting married and immigrate legally.

If it is not - keep on looking and do not waste your time.

Depending on your education you can apply for internships and/or study. Amongst others these options depend on your financial situation. If you have teaching credentials this may open another route for you. No information - no good answers.


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## autumnstar (Feb 7, 2009)

Dude, I think I'm in your excat current situation, except I am not from UK. 

I'm from Singapore and I got to know a cool guy from US. We hooked up and I did this - I went to Seattle(where he's from) for 3 months last year and the immigration process was... Yuck. Although I was allowed in on VWP, I got detained and asked a whole load of questions and although we wanted to do it for a few times back and forth, we didn't want to risk me being sent back. So we're long distance again, which sucks.

If you actually find a way of being there long term with her, tell me your solution yeah? I can safely say my bet is if me & my boy manage to make it through to a year being in the same place and still want to be together, we'll just most prob get married.

Some options I was considering were a J-1 and F-1(I don't have a degree). But for the F-1, I was looking more to a college which is only an Associate's degree and not a BA. In Singapore, nobody hires someone with an Associate's! Unless I can be sure I'll get a job in US, I don't want to take a risk with the F-1. For a J-1, are there any companies who will be willing to hire me as a trainee for a year? I have a diploma in IT, and I did find a company who will be willing to sponsor my J-1. I just need a company who will hire me.


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## Mrstrain14 (Jan 21, 2009)

autumnstar said:


> Dude, I think I'm in your excat current situation, except I am not from UK.
> 
> I'm from Singapore and I got to know a cool guy from US. We hooked up and I did this - I went to Seattle(where he's from) for 3 months last year and the immigration process was... Yuck. Although I was allowed in on VWP, I got detained and asked a whole load of questions and although we wanted to do it for a few times back and forth, we didn't want to risk me being sent back. So we're long distance again, which sucks.
> 
> ...



I think in all honesty we will have to remain long-distance for the next year or so, and if we still want to be together then we will get married and go over there. 

There is just no easy route. It's like wanting to be with the one you love isn't a vaild reason for entering the country.

When they detained you at immigration, what kinda questions did they ask you and did they tell you to expect the same kind of treatment next time?

Honestly, as soon as there is any progress or updates this end I will gladly let you know. I wish you all the best too - there seem to be so many people in similar situations, you'd think the US would recognise that and make allowances. But that would be too simple and against US immigration's apparent 'trust nobody, hate everybody' motto. I love the US and Americans as a whole, but immigration are a whole different story.


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## autumnstar (Feb 7, 2009)

Mrstrain14 said:


> There is just no easy route. It's like wanting to be with the one you love isn't a vaild reason for entering the country.


Yeah, I agree with that. I mean, it's not so hard to find a job in Singapore for foreigners... Why be so hard in US? Anyway, how come she isn't moving to UK?

Anyway, I only travelled there twice. First time was for 2 weeks. I wasn't detained then cause I was going home and it was a short holiday. Second time it was for 3 months, and I quit my job to go there. I had a return ticket, but they were unconvinced. They wanted to know who will be supporting me(my bf obviously), they wanted to know if I was getting married, they wanted to know if I was going to look for a job. They insisted I was living there for 3 months, so they were skeptical(as usual). Finally they called my bf and they got the same story so they finally let me go. After all the people had left and I was the last one, with bag in tow. There was a Japanese girl who was in the same situation as me, and weirdly enough, they rather believe her than me. Maybe cause she said she had no intention to get married(but I said maybe we'll get married in 2 years).

Good luck to you too.


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## Bevdeforges (Nov 16, 2007)

Mrstrain14 said:


> There is just no easy route. It's like wanting to be with the one you love isn't a vaild reason for entering the country.


It's not "like" wanting to be with the one you love isn't a valid reason - it really, truly isn't. And that's the case in just about every country I know of - certainly most countries in Europe. A few countries will recognize "long-term partners" but for that you have to have lived together for a couple years already somewhere else.

The reason is pretty simple - if you are entering the country without a job, you need someone with a legal obligation to support you. While a boyfriend or girlfriend may say now that, "oh yes, I'll support my beloved" when they first arrive, a few weeks or months of living together can change things pretty quickly, especially when the new arrival can't find a job and really has to live off what their partner brings home.
Cheers,
Bev


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## Bevdeforges (Nov 16, 2007)

autumnstar said:


> There was a Japanese girl who was in the same situation as me, and weirdly enough, they rather believe her than me. Maybe cause she said she had no intention to get married(but I said maybe we'll get married in 2 years).


More likely the Japanese girl hadn't quit her job to come over (so had a job to go back to). For anyone coming to the US for a "long" visit (i.e. anything over a couple of weeks) what they are primarily looking for are "strong ties" back to your home country that will assure that you return.

Even as a US citizen, I get grilled a bit when returning to the US. When they realize that I live in France and am "just visiting" in the US, they always ask (sometimes casually, sometimes "officially") whether I work in France and what kind of job I have. Not sure if it's just their habit or if there is some security risk posed by my staying longer than I say, but just follow the old rule and answer whatever question they ask you, but offer no extra information.
Cheers,
Bev


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## kirikara (Jan 21, 2009)

Bevdeforges said:


> More likely the Japanese girl hadn't quit her job to come over (so had a job to go back to). For anyone coming to the US for a "long" visit (i.e. anything over a couple of weeks) what they are primarily looking for are "strong ties" back to your home country that will assure that you return.
> 
> Even as a US citizen, I get grilled a bit when returning to the US. When they realize that I live in France and am "just visiting" in the US, they always ask (sometimes casually, sometimes "officially") whether I work in France and what kind of job I have. Not sure if it's just their habit or if there is some security risk posed by my staying longer than I say, but just follow the old rule and answer whatever question they ask you, but offer no extra information.
> Cheers,
> Bev


I don't think it was a very good idea to mention that you were at any point getting married or that you had quit your job. These are big red flags! When i was visiting my american boyfriend, even though I had school in the UK to go back to and a return ticket I never mentionned i was visting my bf, i always mentionned i was visiting friends. It is just too tough for the immigration to make sure you are not going to look for a job or anything else.. Who can blame them, they dont have crystal balls, what makes you different from the guys that "claims"" he wont when really he is planning on it? so i would advise not to give them any reason to doubt your intentions, IF (and only) your intentions are good and legal (like visiting for 3 months, not intending EVER to work or do anything that is not within your visa)


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## autumnstar (Feb 7, 2009)

Well I didn't work and they did let me in but I was afraid to leave within that amount of time... US job market is so bad now, guess I'll really have to make do with living here in SG till something comes up. It's hard to say when, and that's the horrible part. I don't know how long I'll have to wait and the waiting is killing me cause its almost 2 years now! I know most people will say just get married, but it's just something we're not sure of until we've lived together for a year or something.

But anyway, this thread isn't about me so good luck to Mrstrain14. Maybe I should try and move to Vancouver? Will that be easier?!


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## cactuscake (Feb 14, 2009)

*Me too*

Hey everyone, I'm a newbie here. Just been reading this thread to find you all in (now or previously) my own current situation.

I'm from the UK and have been dating my US girlfriend for 4 years now, we met at a summer camp in Ohio while I was on a J-1 visa. I too would prefer not to get married just for the convenience of immigration as it has been my intent to live and work permanently in the USA since before we met. I'd like to do it on my own steam and I've been looking into H1B options.

I will graduate with a BA in business this year and will be looking for marketing communications roles (of which there seems to be tons, though whether or not the companies will sponsor is less clear) in general, or any business analyst or comms role within bluechip companies (MS, IBM, Apple, Google, etc) as I have a year's work experience from IBM already in one of their UK offices. I'm hoping to make the actual move early in 2010.

Despite the negative remarks I think you have to stay focused on your goals and don't lose heart, America is still the land of opportunity, and it's because the bar is set high... if they just let everyone in then there'd be no opportunities left! So I'm going to persevere and hope the rest of you do too.

Visiting my partner on the VWP I think has definitely helped my standing with the US consulate and CBP - it seems that the more stamps (now 8) and visas (5 - all J1) I have accumulated in my passport, the less questioning and hassle I get at POE each time. They can see I follow their rules and are generally nice to me. So I would recommend visiting on the VWP as much as you can, you get to see your beloved more often and gain credibility with the officials.

Second, check out this website - h1base dot com - and their criteria for assistance. They offer a guarantee to provide the help you need to get a career and visa in the US for as long as it takes (for a fee). I've not signed up yet, but I'm on the verge of doing so, as it looks like a lot of help for a moderate price. They are recommended by Monster dot com. What does everyone else think?

Last, if you're not yet qualified for an H visa, check out CCUSA dot com for J visa opportunities. They don't just offer summer camp experiences but also a range of practical training and work experience in the US, it could be just what you need to grow your network into the visa sponsor field for future career opportunities.

I hope everyone is successful. I will be starting a blog soon to track my progress with immigration so people who are in my shoes can see if it works out or not. Things are just starting to get exciting!

Joe.

(Huh, apparently rookies aren't allowed to post urls, that's why I typed the 'dots')


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## Bevdeforges (Nov 16, 2007)

Regarding the websites you've mentioned - I would be very wary of any company "guaranteeing" you a job and/or a visa. Especially with H1B visas, you need to allow for the lottery system they put in place. And frankly, in this current economic situation, I'm not sure anyone can guarantee job placement in the US or anywhere else for that matter.

Not to say that the situation is hopeless. But I'd definitely give it a solid try on my own before paying money to someone to find a job for you. The money you save will come in handy for getting over there and getting yourself established.
Cheers,
Bev


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## cactuscake (Feb 14, 2009)

Bevdeforges said:


> Regarding the websites you've mentioned - I would be very wary of any company "guaranteeing" you a job and/or a visa. Especially with H1B visas, you need to allow for the lottery system they put in place. And frankly, in this current economic situation, I'm not sure anyone can guarantee job placement in the US or anywhere else for that matter.


That prompted me to Google their credibility (don't know why I didn't before). It's odd though, about two thirds seem to say they're a scam, then the other third say they were very helpful... their name isn't linked anywhere on the USCIS site though, so maybe one to avoid, I don't know.

I can vouch for CCUSA though, I've used them myself and they really do place everyone that they accept on to their programmes (if they don't accept your application you don't pay anything, so it's pretty safe).


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## tomben (Dec 31, 2008)

cactuscake you sound like you are on the right track its just your timing is wrong due to the economy over here. Also given that the economy is going south in the UK also you would do well to get a job and some experience under your belt, just my opinion. 
Beware of any website offering guaranteeing jobs/visa, if you are educated enough to get a BA then hopefully you should be clued up enough to smell something there.

You are lucky enough to have found a USC girlfriend that you have tried for 4 years now despite the fact your knobs on fire  I would say its time to buy 

Good luck from an ex Moordown lad.


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## synthia (Apr 18, 2007)

There is the fiance visa and marriage as an option.


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## Skippy13 (Oct 1, 2008)

synthia said:


> There is the fiance visa and marriage as an option.


I could be wrong but doesnt the J-1 have a two year home residence requirement? Idont know if that applies to K visas but Ithink it does apply to work visas etc


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## cactuscake (Feb 14, 2009)

Skippy13 said:


> I could be wrong but doesnt the J-1 have a two year home residence requirement? Idont know if that applies to K visas but Ithink it does apply to work visas etc


Hmm, here's what is says on the certificate of eligibility for J-1 status:

*TWO-YEAR HOME COUNTRY PHYSICAL PRESENCE REQUIREMENT (SECTION 212E(e) OF THE IMMIGRATION AND NATIONALITY ACT AND PL 94-484, AS AMENDED):*

*RULE:* Exchange visitors whose programs are financed in whole or in part, directly or indirectly by either their government or by the U.S. Government, are required to reside in their home-country for two years following completion of their program before they are eligible for immigrant status, temporary worker _(H)_ status, or intracompany transferee _(L)_ status. Likewise, if exchange visitors are acquiring a skill which is in short supply in their home country _(these skills appear on the "Exchange Visitor Skills List")_ they will be subject to the same two-year home-country residence requirement. The requirement also is applicable to alien physicians entering the United Statesto receive graduate medical education or training. The U.S. Department of State reserves the right to make the final determination regarding 212_(e)_.
*NOTE: MARRIAGE TO A U.S. CITIZEN OR LEGAL PERMANENT RESIDENT. OR BIRTH OF A CHILD IN THE UNITED STATES DOES NOT REMOVE THIS REQUIREMENT.*

So this _could_ put a spanner in the works... but as far as I know, the camp counselor programme is entirely private funded (I have to pay fees to the sponsor and so does the camp director; and the camp is not government funded, so his share comes from private revenue), the total sponsor funds noted on the DS2019 have never been more than our combined contribution, so hopefully I am not affected by this rule. I might look at UK grad jobs with IBM as a backup though, to pass the time if I am going to have to sit here until 2011 (I'm doing camp again this summer).


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## Andrew_R (Apr 18, 2008)

I am also in the same boat. I have girlfriend from the US, we met in the UK back in the summer and I have been to stay with her in Florida, although shes originally from Denver. 

I am also lucky that she has a BA degree and managed to get a high skills visa to work in the UK, she will be here in the next three weeks.

Long term we are looking at moving to California or Arizona so that I can go to college to get a degree as I have been in the police service since I left college and didn't stay at university very long. For the employment I intend to seek (Law Enforcement/Intelligence) I have to have a degree and be a USC.

I have travelled to the US quite a few times now, I have some friends and family there.


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## frenchie (Dec 12, 2008)

cactuscake said:


> Hmm, here's what is says on the certificate of eligibility for J-1 status:
> 
> *TWO-YEAR HOME COUNTRY PHYSICAL PRESENCE REQUIREMENT (SECTION 212E(e) OF THE IMMIGRATION AND NATIONALITY ACT AND PL 94-484, AS AMENDED):*
> 
> ...


I have read on another forum that that 2 year home residency requirement can sometimes be waived by your home country consulate. Don't know much more than that, I am afraid.


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## Fatbrit (May 8, 2008)

frenchie said:


> I have read on another forum that that 2 year home residency requirement can sometimes be waived by your home country consulate.


It can. Depends on your home government. Details usually found at individual consulates.


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## Skippy13 (Oct 1, 2008)

Was there any clarification? Does summer camp work mean he has to follow the 2 year home residency requirement?


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## Fatbrit (May 8, 2008)

Skippy13 said:


> Was there any clarification? Does summer camp work mean he has to follow the 2 year home residency requirement?


Unlikely I would think. Contact the sponsor and ask them.


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