Windmolen

Hello there!

I am a Dutch citizen currently residing in the UK to study. I'm training to be a pilot, for this I went to Arizona on an M1 visa for about half a year where I met the American love of my life. I should be done with my course in about three months. She's been over here and in about a month I'm going over there again. Since there is a good chance that i'd have to wait for up to 2 years to get a job, I want to move to the US.

The British flight training organisation I'm training with guaranteed me a job in the US on the condition that I'd be able to work and live there. European (JAA) qualified instructors are in very short supply in the US and they are very willing to send me over on an L1 visa but can't, since I haven't been working for them for a year. I have been with them for longer than that though, but as a student. Could that give any chance of acquiring an L1 visa?

The other way would be through marriage. I'm not married yet. What I've understood is that the quickest way to get to live and work there, is to marry in the Netherlands and then to file for a K1 visa (To avoid having to wait for a k3 fiancee visa). If this would be approved, I would have a guaranteed job in the US making sufficient money to get round. I've read that the whole process from begin to end of aqcuiring a K1 visa takes about 6 to 10 months, is this correct? And would it make any difference that I'd have to file for it through the American consulate general in Amsterdam? Since it might not be as busy.
I was also wondering, I'm about a hundred thousand pounds in debt due to paying for my flight course, could this be very detrimental to obtaining a visa?
I know I'm not British, but my country doesn't know an elaborate and well maintained forum like this.

Thanks a lot!

Windmolen

Please forgive me for mistaking K1 for K3!

Noorah101

Hi and welcome to BE.

Via marriage, you have two choices: K-1 fiance visa or spouse Immigrant Visa. They both take around 8 - 10 months to process. If working right away after entering the USA is important to you, you'll want to marry first and do the Immigrant Visa process. This makes you a US PR upon entry to the USA, and can begin working on Day 1.

Here is a comparison of the two routes: http://britishexpats.com/wiki/Compar...ge-based_visas

You'll have to ask your employer (or your employer's immigration lawyer) if your employment time as a student applies to obtaining an L-1 visa. Ultimately, it's up to the employer to begin an L-1 process; you can't do it on your own. If they are unable (or unwilling) to sponsor a work visa for you, then your only option is marriage to your USC girlfriend.

I'd say your home country is probably preferable to have any visa interviews, although a 3rd country embassy is allowed if you are living in that country.

Rene

Noorah101

Just to be clear, if you marry first, you won't be doing a K-1 visa (that is for unmarried people). You'll be doing an Immigrant Visa process. The K-3 is an outdated visa and no longer serves the purpose for which it was intended, so it's not really a valid option anymore.

Your future income cannot be used on the I-864 Affidavit of Support. All the financial obligations are on the USC, and if she doesn't meet the income requirements, she can use a joint sponsor (or if you have enough in assets, yours and hers can be combined). Assets need to be 3x what is lacking in income.

No. Your debt plays no role in your immigration.

Rene

slummymummy

I was going to say Apfelkuchen had her interview in a 3rd country... and then realized that so did I! It's fine. And, so did Rene's hubby!

Noorah101

Ours was forced, though, because Iran does not have a US Embassy. All Iranian visa applicants must go through a designated 3rd country embassy. We just got lucky that Sadegh happened to be living and working in Istanbul at the time (and that Ankara was one of the approved 3rd country embassies).

Rene

Apfelkuchen

Just curious: why do you think it is preferable to have it in your home country? In most cases aren't applicants automatically assigned to the consulate responsible for where they live?

Noorah101

I say that because your home country always has the ability to interview you. A non-home-country embassy always has the right to say no, and to send the case to your home country.

It's not usually an issue, but thought I should mention it.

I don't think anything is automatic...there's a place on the I-130 (and I-129F) to choose a country to have the interview in. But if that's not your home country, they reserve the right to say "no".

Rene

Apfelkuchen

Is there? I haven't looked at the I-129F, but I didn't remember that from when we filled out the I-130. Just had a quick scan of the form now and can't see it.

EDIT: Nevermind, I just spotted it squished in under question 22!

Noorah101

LOL, yeah it's easy to overlook.

Rene

Apfelkuchen

And yet I must have filled it out, but I have no memory of it . Getting old.