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Other Half has job in Florida - how do I get out there?!

Other Half has job in Florida - how do I get out there?!

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Old Jul 12th 2015, 6:12 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by ian-mstm
No matter how long you're in the US, if you're there on a B-2 visa, you can't work at all without permission.



Here's the thing... if you are eligible to use the VWP, your chances of getting a B-1/2 visa are very slim - not impossible, but very slim. If the visa is denied for any reason whatsoever (including you being eligible to use the VWP) then that denial must be declared on every subsequent US visa application you make... including ESTA. If the visa is denied, ESTA will also be denied - and that'll put a very quick end to your trip.

You can't live in the US (which, as I said, is what it seems you're trying to do) without an appropriate visa... and a B-1/2 visa is not the appropriate visa. The only appropriate visa is either your own employment-based visa, a marriage-based visa, or as I mentioned earlier, a B-2 visa for a cohabiting partner.



IMHO, that is - by far - the most simple route to take. Derivative visas for a spouse are pretty much a formality assuming no criminal history or US overstay issues.

One more thing - you must be certain which visa your (then) hubby will have... because some will allow you to work and/or study, and some will not - and you really don't want to be in the US unable to do much of anything.

Ian
There would be no issues on my part - having never been to the US before and a squeaky clean history. I believe he will be getting a H1 visa.

Thank you for your advice, I honestly had no idea it would be this difficult and to be honest I'm now so scared.

The reason I was looking a the B visa's is because - I *am* going to be taking the entire time as holiday whilst I'm there, I will be travelling around the US (I Used the 4 month phrasing as in total that's how long I will be there I'm planning to fly end of September and come back beginning of Feb) I was planning to arrange sponsorship and work for when I return after my friends wedding.

I am selling everything but thankfully, everything I have is menial material goods - no mortgage or car. My employer has said my job is there for me if and when I return and I have a place to stay should I come back. I also intend to keep aside a sum of money so should I not like it out there, or there be any difficulties, I have enough money to essentially start again.

I'm a natural born worrier and my other half is a bit of a free spirit so this is why I'm trying to get everything in order and my facts straight as soon as I can!
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Old Jul 12th 2015, 6:24 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

You have not mentioned anything that suggests a reasonable likely route to your own work visa.

As a cohabitation partner you should be OK for a B2 but neither that nor the H4 comes with work privileges.

On the plus side you could be a lady that lunches.

How long is he looking to work in the US.
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Old Jul 12th 2015, 6:30 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by Boiler
You have not mentioned anything that suggests a reasonable likely route to your own work visa.

As a cohabitation partner you should be OK for a B2 but neither that nor the H4 comes with work privileges.

On the plus side you could be a lady that lunches.

How long is he looking to work in the US.
So even if I can find a sponsor it's unlikely? As I mentioned before, I do have a potential option.

I don't mind not working haha! The OH will be earning enough to cover us both. And for the last 3 years I've been the main breadwinner so it'll be nice to take some time off haha! I did have dreams of opening up my own bakery thought a few years down the line... I guess I'll juts have to sit on the beach instead

His contract will be a year initially i believe with then (hopefully) an extension. There's no way we'll have money or time to marry before we go (plus he said he doesn't want to waste our only wedding day rushing about if he can afford not to) - will it complicate things if we were to do it over there?
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Old Jul 12th 2015, 6:33 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

What sort of job offer do you have? Have you spoken with their immigration lawyer, what sort of visa are they proposing?

You can marry anywhere, cohabitation B2 will be needed if you do not marry before you want to go.
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Old Jul 12th 2015, 6:36 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by Boiler
What sort of job offer do you have? Have you spoken with their immigration lawyer, what sort of visa are they proposing?

You can marry anywhere, cohabitation B2 will be needed if you do not marry before you want to go.
There isn't a job offer for me yet - it's something he's going to be discussing with his contact when he's out there. It was previously agreed and discussed when he was out 2 years ago but not since (we didn't expect this in any way shape of form and now it's a mad rush to work everything out!)

I haven't spoken to anyone yet as I have no idea where to start
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Old Jul 12th 2015, 6:39 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Sounds like the job route will be a dead end realistically.
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Old Jul 12th 2015, 6:53 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

If you are only going for the friend's wedding, personally I'd stick to a 90-day VWP visit. While in the USA, get married and then get an H4 visa when you go back to the UK. Since you're not concerned with working right now, that's the easiest route.

Rene
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Old Jul 12th 2015, 8:12 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by LMWHN
There's no way we'll have money or time to marry before we go (plus he said he doesn't want to waste our only wedding day rushing about if he can afford not to) - will it complicate things if we were to do it over there?
Apologies if somebody has already mentioned this, but unless either of your jobs would be classed as 'cap exempt', you are aware that all the H1-B's have gone for this year? So the earliest either of you would be able to start work is October 2016, if you were lucky enough to get granted a visa (it's usually a lottery).

Potentially plenty of time to be able to plan a wedding?

Good luck.

Last edited by christmasoompa; Jul 12th 2015 at 8:15 pm.
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Old Jul 12th 2015, 8:21 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Very true, the way the OP posted made it sound he was well into the process but that may not be the case.

Could be plenty of time
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Old Jul 12th 2015, 10:57 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by christmasoompa
.... the earliest either of you would be able to start work is October 2016, if you were lucky enough to get granted a visa (it's usually a lottery). ....
Right, based on the past couple of years, the chance of getting an H-1B visa in the lottery is roughly 30%-50%.
Originally Posted by LMWHN
.... I did have dreams of opening up my own bakery ....
You could do that on an E-2 visa, though it would be contigent on a "substantial" investment.

Last edited by Pulaski; Jul 12th 2015 at 11:56 pm.
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Old Jul 12th 2015, 11:45 pm
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by LMWHN
I believe he will be getting a H1 visa.
You likely mean an H-1B visa. What sort of work does he do? A job offer is meaningless unless there are visas available... and the deadline for applications this year was early April. If his sponsoring company hasn't already applied for his visa, they won't be doing so until April 1, 2016 for work beginning October 1, 2016. This is all on the assumption that the sponsoring company is not cap-exempt. If he'll be working for a school or non-profit company, then they are exempt from the visa cap.


The reason I was looking a the B visa's is because - I *am* going to be taking the entire time as holiday whilst I'm there...
I believe you - but can you prove it? If you're otherwise eligible to use the VWP you will not likely get a B-2 visa. I don't mean to sound harsh, but the US allows you the privilege of travelling visa-free for 90 days... but most people just get greedy and want more time - and then they find themselves unable to travel at all when the B-2 visa is denied.


I am selling everything but thankfully, everything I have is menial material goods - no mortgage or car.
Again - this is a bad decision. A US immigration officer is likely to take it as proof that your intent is to live in the US without an appropriate visa... and you really don't want to be in that position.


I'm a natural born worrier...
You need to get over that immediately. There is already enough stress and frustration associated with US immigration that you will be a complete wreck in a very short time.

Ian
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Old Jul 13th 2015, 12:01 am
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by LMWHN
We've lived together for pretty much all of our relationship
I believe he'll be getting a H1

And he already has his Visa as he went out there 2 years ago for a tour that was organised by someone in the US .. he wasn't paid at all for or during the trip.
What visa does he already have?
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Old Jul 13th 2015, 2:09 am
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by LMWHN
He already has a B1/B2 visa and will be getting sponsored to go onto a working Visa.

Originally Posted by Jerseygirl
What visa does he already have?
This, but we aren't sure why he has one rather than using the VWP.
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Old Jul 13th 2015, 2:11 am
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by Nutmegger
This, but we aren't sure why he has one rather than using the VWP.
Assuming he is a British citizen, a criminal/ arrest record is by far the most likely explanation.
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Old Jul 13th 2015, 2:20 am
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Default Re: Other Half has job in Florida - how do I get out there?!

Originally Posted by Nutmegger
This, but we aren't sure why he has one rather than using the VWP.
Of course...I'd forgotten...thanks.
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