# Australian Couple moving to NYC one on E3 the other???



## Scilliams (Aug 1, 2015)

Hi,

I've been reading up and asking a lot of people about this and thought I'd put my own question up as it seems there are some bright folks here and this one might test a few 

My girlfriend and I are looking at moving to New York for a few years. I'm in finance and will be eligible for an E3 visa and am confident I can secure employment for this as I meet the criteria. Basically we are coming over on holidays for 3 months and will do the interviews and get the approval for E3. Come back get affairs in order and move over. No problems.

My girlfriend however doesn't have a degree so can't get the E3 as easily, but she does have 12 years of working which I read could help qualify for an E3 but she doesn't necessarily want to work over there as she runs a business which Is able to be done over the Internet (business services/bookkeeping). 

My question is - can she qualify for an E3 visa if she gains employment over there (would mean stopping her current business?) or if not is there another visa so we can live together over there ( we currently live together but are not married). From what I read they don't care about de facto and if I was on E3 and she couldn't get one she would only be able to visit every 3 months or so? Or I read also about a 6 month one but doesn't allow work (could still work remotely?)

Could she get a visa to allow her to work through her own business which is online but registered in Australia? Or is there a way she can live with me long term over there while I'm on the E3?

What are our options. From what I've read it sounds like if I got a job and was on an E3 the only way is if we got married before we returned? 

Is there another way!?!


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## Bellthorpe (Jun 23, 2013)

I must say that while I admire your unbounded confidence in your ability to get a job in New York, it might not be all that easy. You might well meet the E3 criteria, but you have to find an employer who (1) needs your skills (ii) will be impressed with you at interview (let’s fact it, we don’t always get jobs for which we’re well suited) (iii) be prepared for the matter of working the paperwork for your E3 visa and (iv) not be able to find such an applicant locally. 

Your girlfriend might be able to get an E3 based on her experience rather than a degree - but it’s more than likely that an employer will want her to have a degree. And the US has suffered more than any other country from ‘degree creep’ so that for jobs which would ordinarily require a Bachelors degree an employer will insist on a Masters.

In theory, continuing to run her Australian online business while in the US would be ‘working’, and would require either a visa that allowed work or a work permit (EAD). I say ‘in theory’, as it could well run under the radar. But if found out, it could be deportation, with no chance of coming back for some time (if ever). 

Marriage is of course an option. One of the questions at your E3 interview might well be ‘how long have you two been married?’, as they look for marriages of convenience.

I’m highlighting the issues, as it’s important to understand them. Having said that, I still encourage you to have a good three months job-hunting, you’ll enjoy working in New York.


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## BBCWatcher (Dec 28, 2012)

Bellthorpe said:


> I say ‘in theory’, as it could well run under the radar.


For the record, that path would most likely also violate U.S. (and perhaps state and/or municipal) tax laws.


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## Scilliams (Aug 1, 2015)

Thanks for the replies. Definitely along the lines of what I was thinking.

I've been told she could go for a student visa, which means she can't work and would need to study over there. So wouldn't really work, or could she do that and work? 

It might be that we would just need to bring forward getting married. I guess my question would be, could we go over I get the E3 she then come over on holiday visas and say get married a year or so later which would then need to get added on to the E3 as spouse dependant? Or is it better to already be married when getting the E3? 

Does anyone know any Australians who have had a similar problem and what did they do? 

Thanks for the help!


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## twostep (Apr 3, 2008)

BBCWatcher said:


> For the record, that path would most likely also violate U.S. (and perhaps state and/or municipal) tax laws.


And it may impact OP as well.


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## Scilliams (Aug 1, 2015)

Ideally it would be better her getting a job over there as then can earn in USD as opposed to AUD. If we got married can she work on the spouse dependant for E3?


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## Bevdeforges (Nov 16, 2007)

E3 Dependents | Canberra, Australia - Embassy of the United States
Cheers,
Bev


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## Bellthorpe (Jun 23, 2013)

Scilliams said:


> Ideally it would be better her getting a job over there as then can earn in USD as opposed to AUD. If we got married can she work on the spouse dependant for E3?


Yes, but there will be a delay of 2-3 months before she's issued with an EAD (work permit).


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## Scilliams (Aug 1, 2015)

That link was really helpful thanks. 

New question I'm trying to find. If we came over and I got an E3 and she was over on a tourist visa. Could we then get married and she apply for the E3 dependant after that or do we need to be before? 

Just trying to work out if we would need to get married first or if we can wait and still do it at a later stage? Does anyone know people who have been defacto and got an E3 visa or in a similar situation and got married to a non U.S. citizen while on an E3 (most people tell me they just end up marrying an US citizen) haha. 

Thanks everyone


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## BBCWatcher (Dec 28, 2012)

Scilliams said:


> Could we then get married and she apply for the E3 dependant after that or do we need to be before?


Yes, you can get married to each other in the United States. Then she still has to leave within her visa waiver period, and she awaits her visa outside.


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## Scilliams (Aug 1, 2015)

Yes that is what i thought. Does anyone know people who have come across on the E3 and then got married and then applied for the E3 Dependent? 

Is it difficult to do or get? 

I'm thinking we will go over, if i get the job and my E3 we can then move over (her on a holiday one for 180 days) and if all goes well on that, we can get married and she can then come back on the E3 dependent? Would this work or is there anything i haven't thought of here?


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## Crawford (Jan 23, 2011)

Up to 90 days on the VWP - not 180 days.


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## Bellthorpe (Jun 23, 2013)

She could get a B2 visa, with a longer period of stay.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> She could get a B2 visa, with a longer period of stay.


And then adjust status))

I do not understand where the problem with getting married before applying for a visa versus creativity lies.


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## Scilliams (Aug 1, 2015)

Realistically I think I would go over, get a job offer, come back and organise what we need to organise with house etc. 

While back for that month we either get married or just go back over and then get married but she then has to come back to get her visa. I guess as a male it's a bit easier thinking like that hahaha. I think it would be easier that if I got the offer we just get married and then she can do E3 dependant. 

On the plus side might save a few sheckles on the wedding haha


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## Bellthorpe (Jun 23, 2013)

Putting aside the 'thinking like a male' part, which I don't understand at all, I think that you have grossly underestimated the difficulty of 'getting a job offer'. As mentioned before, it's not just a matter of presenting yourself. No matter what your skills, an employer has to be convinced that you have skills and experience that cannot easily be gained in the local labour market.

If you marry immediately before applying for the visas, the immigration officer will be checking for other signs of a marriage of convenience.


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## Bevdeforges (Nov 16, 2007)

The other issue is that it's quite an elaborate (and somewhat expensive) process for an employer to get authorization to hire a foreigner. Some smaller companies just assume that it's up to the employee-to-be to negotiate the hoops and get their own visa, and that's not the case at all.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Scilliams said:


> Realistically I think I would go over, get a job offer, come back and organise what we need to organise with house etc.
> 
> While back for that month we either get married or just go back over and then get married but she then has to come back to get her visa. I guess as a male it's a bit easier thinking like that hahaha. I think it would be easier that if I got the offer we just get married and then she can do E3 dependant.
> 
> On the plus side might save a few sheckles on the wedding haha


... hold my beer and watch this ... 

I am somewhat familiar with a lot of aspects of finance as well as recruiting and HR in the US. Being eligible does not add a bonus point to your skill set unless you find a AUS company. Finding a job is not an Easter egg hunt. It requires meticulous prep work in this industry from resume to research about your target even the interviewer. Please do not forget grooming. The wrong tie can be a deal breaker 

Shed this "male thing". You will find that finance is not a man's world and a stupid remark goes a long way in business and after hours.


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## twostep (Apr 3, 2008)

Bevdeforges said:


> The other issue is that it's quite an elaborate (and somewhat expensive) process for an employer to get authorization to hire a foreigner. Some smaller companies just assume that it's up to the employee-to-be to negotiate the hoops and get their own visa, and that's not the case at all.
> Cheers,
> Bev


OP is AUS so it will be E3.


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## Bellthorpe (Jun 23, 2013)

Yes, E3, so employee will apply for visa. And they're in plentiful supply. But the employer still has to get the LCA sorted. Some will find that too hard or too bothersome.


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