suzimc

Hi,

I asked this in US immigration, but not getting any luck, perhaps someone here can help me?

If my fiancé is transfered temporarily to US with his company and I go with him, I understand that I can't work coz we are not married (tut tut) but is there any reason why I couldn't take some classes while we were there?

Kevin Keane

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suzimc wrote:

    >
    > Hi,
    >
    > I asked this in US immigration, but not getting any luck, perhaps
    > someone here can help me?

If you mean that you asked US immigration officers, this is probably a good
thing. Any information you get from an immigration officer is unreliable,
because they aren't trained as lawyers.

    > If my fiancé is transfered temporarily to US with his company and I go
    > with him, I understand that I can't work coz we are not married (tut
    > tut) but is there any reason why I couldn't take some classes while we
    > were there?

The answer is a bit more complex than it seems. First of all, your fiance
would be transferred in either the L-1A or an L-1B category. That is good
for seven or five years, respectively.

If you were married, you would be eligible for an L-2 for the same duration.
An L-2 also does allow you to work or to go to school.

On the other hand, since you are not married, your only option is to come to
the USA as a tourist. And that's where the answer gets really, really
complicated.

If you are from a visa waiver country, you do not need a visa (and it also
is very difficult to get one if you want one anyway) to come to the US, and
then are allowed to stay for only 90 days. This cannot be extended.

If you do get a tourist visa, you will generally be allowed to stay for six
months. This can be extended in increments of six months, but usually the
second extension is denied unless you have a *very* good reason for it.

A tourist also cannot work, and also cannot go to school.

However, your connection to an L-2 may change that slightly, assuming that
you have a good reason why you *cannot* get married. For instance, if a
divorce is still pending, or if you are a same-sex domestic partner. Also,
if you come to the USA specifically to get married to your L-1 fiance, a
tourist visa would be appropriate.

In that case, you can get a tourist visa easily even if you are from a visa
waiver country. Also, extensions of the tourist status will usually be
granted as long as your partner still has L-1 status.

However, you would still not be allowed to work. Going to school is complex
in this situation, but generally the answer is: you can't.

If you want to go to school, you would have to get the school to sponsor you
for an F-1.

Bottom line: you should get married if you can. Your life will be much
easier, immigration-wise. Except if you go to Texas. Texas just amended
their state Constitution and accidentally abolished marriage altogether
(they just voted on that amendment today).

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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suzimc

Wow - that is complicated! We are in the process of emigrating to Australia and this time in the US is just a short term interim position that his company has proposed to him in the meantime, but this is turning out to be way more complicated that a lifetime in Australia!

We were planning to wait until we got to Aus to get married, as we wanted to tie the knot on one of our favourite beaches, in exactly the way we wanted instead of doing it another way for convenience, but the attraction of getting on with it now is becoming more appealing by the second!!

Thank you for all your help, I will send you some karma

suzimc

Oops, just realised I can't send you karma as you are a usenet poster. Well, sending you some good wishes instead!

suzimc

I just had another thought.... could I work voluntarily if I was not paid a cent for it?

Elvira

This might not be straightforward - the criterion is not that YOU don't get paid for it - it's whether a USC would or could get paid for it.

Also, doing just about anything in the US requires a SSN - which you can't get unless you are resident here.

Really, if you were planning to get married anyway, I would do it. Just have a civil ceremony and save the romantic beach wedding till later!

(For some reason I thought that you couldn't or didn't want to get married when you posted on the other thread...)

suzimc

That'll be the running around like a headless chicken syndrome making me babble again!

It's a definite consideration - thanks!