"Mission Impossible"? any ideas for this case?
Mar 24th 2003, 9:22 pm
#1
Guest
Posts: n/a
"Mission Impossible"? any ideas for this case?
Hello NG,
we're a lesbian binational couple; maybe somebody has an idea for us. No
mean/rude remarks please.
Ok, the situation is as follows.
1 US citizen, the other one here in the US currently on B-2, her degree doesn't
qualify for a H1-B visa.
They've been together since 1999, visiting each other on a regular basis (no
problems with the INS yet, wow).
Is there any way, with a really GOOD lawyer, to try something like AOS?
Or any other ideas? Could she try to go for an E-1 visa if she starts an
import/export business?
Thanks so much, looking forward to (open-minded!) answers ;-)
Sara
we're a lesbian binational couple; maybe somebody has an idea for us. No
mean/rude remarks please.
Ok, the situation is as follows.
1 US citizen, the other one here in the US currently on B-2, her degree doesn't
qualify for a H1-B visa.
They've been together since 1999, visiting each other on a regular basis (no
problems with the INS yet, wow).
Is there any way, with a really GOOD lawyer, to try something like AOS?
Or any other ideas? Could she try to go for an E-1 visa if she starts an
import/export business?
Thanks so much, looking forward to (open-minded!) answers ;-)
Sara
Mar 25th 2003, 12:28 am
#2
Guest
Posts: n/a
Re: "Mission Impossible"? any ideas for this case?
>Subject: "Mission Impossible"? any ideas for this case?
>From: [email protected] (ZareahUSA)
>Date: 3/24/03 5:22 PM Eastern Standard Time
>Message-id:
>Hello NG,
>we're a lesbian binational couple; maybe somebody has an idea for us. No
>mean/rude remarks please.
>Ok, the situation is as follows.
>1 US citizen, the other one here in the US currently on B-2, her degree
>doesn't
>qualify for a H1-B visa.
>They've been together since 1999, visiting each other on a regular basis (no
>problems with the INS yet, wow).
>Is there any way, with a really GOOD lawyer, to try something like AOS?
>Or any other ideas? Could she try to go for an E-1 visa if she starts an
>import/export business?
>Thanks so much, looking forward to (open-minded!) answers ;-)
>Sara
Well, you really need a lawyer. This is a very grey area. I don't think INS
recognizes same-sex marriages. Therefore, AOS may not be an option. The only
other way is for a work visa like H-1, but you say she is not qualified enough.
Just to kill the cat: what is her degree in?
Be very careful on the investor visa issue. Do NOT proceed without a lawyer
who specializes in investor visas. There may be a few who do--it is not a
common way to get a green card. It is very tough.
>From: [email protected] (ZareahUSA)
>Date: 3/24/03 5:22 PM Eastern Standard Time
>Message-id:
>Hello NG,
>we're a lesbian binational couple; maybe somebody has an idea for us. No
>mean/rude remarks please.
>Ok, the situation is as follows.
>1 US citizen, the other one here in the US currently on B-2, her degree
>doesn't
>qualify for a H1-B visa.
>They've been together since 1999, visiting each other on a regular basis (no
>problems with the INS yet, wow).
>Is there any way, with a really GOOD lawyer, to try something like AOS?
>Or any other ideas? Could she try to go for an E-1 visa if she starts an
>import/export business?
>Thanks so much, looking forward to (open-minded!) answers ;-)
>Sara
Well, you really need a lawyer. This is a very grey area. I don't think INS
recognizes same-sex marriages. Therefore, AOS may not be an option. The only
other way is for a work visa like H-1, but you say she is not qualified enough.
Just to kill the cat: what is her degree in?
Be very careful on the investor visa issue. Do NOT proceed without a lawyer
who specializes in investor visas. There may be a few who do--it is not a
common way to get a green card. It is very tough.
Mar 25th 2003, 2:00 am
#3
Guest
Posts: n/a
Re: "Mission Impossible"? any ideas for this case?
ZareahUSA wrote:
>
> Hello NG,
>
> we're a lesbian binational couple; maybe somebody has an idea for us. No
> mean/rude remarks please.
> Ok, the situation is as follows.
> 1 US citizen, the other one here in the US currently on B-2, her degree doesn't
> qualify for a H1-B visa.
> They've been together since 1999, visiting each other on a regular basis (no
> problems with the INS yet, wow).
> Is there any way, with a really GOOD lawyer, to try something like AOS?
> Or any other ideas? Could she try to go for an E-1 visa if she starts an
> import/export business?
> Thanks so much, looking forward to (open-minded!) answers ;-)
> Sara
You could check with a lawyer who is an ALIA member but I don't think
this is possible. AOS isn't possible without marriage and INS is not
likely to recognize same sex marriage
E-1 requires a lot of money as I understand it
You may have considered this but if your partner is from Europe many
countries there do recognize same sex couples and you could immigrate
>
> Hello NG,
>
> we're a lesbian binational couple; maybe somebody has an idea for us. No
> mean/rude remarks please.
> Ok, the situation is as follows.
> 1 US citizen, the other one here in the US currently on B-2, her degree doesn't
> qualify for a H1-B visa.
> They've been together since 1999, visiting each other on a regular basis (no
> problems with the INS yet, wow).
> Is there any way, with a really GOOD lawyer, to try something like AOS?
> Or any other ideas? Could she try to go for an E-1 visa if she starts an
> import/export business?
> Thanks so much, looking forward to (open-minded!) answers ;-)
> Sara
You could check with a lawyer who is an ALIA member but I don't think
this is possible. AOS isn't possible without marriage and INS is not
likely to recognize same sex marriage
E-1 requires a lot of money as I understand it
You may have considered this but if your partner is from Europe many
countries there do recognize same sex couples and you could immigrate
Mar 25th 2003, 3:27 am
#4
Guest
Posts: n/a
Re: "Mission Impossible"? any ideas for this case?
I entered US 14 years ago on a B1 visa and applied for change of status to
H1 a couple of years later.
I did not have a BSc qualification so I claimed my trade qualification plus
my work experience to be equivalent to a BSc.
My application was rejected by INS, they claimed that my work experience
could not be counted towards a BSc.
My lawyer told me before we applied that this would happen. He simply quoted
a documented case to INS where INS had accepted a persons work experience
towards their degree and 'hey presto' INS granted me a H1 visa.
It cost approx US$1800 in 1991 but it was well worth it to me, however, had
I done it myself I would have packed my bags and gone back home after my
application was rejected.
I believe you can stay in US for 6 years on a H1.
Hope this helps.
"ZareahUSA" wrote in message
news:[email protected]...
> Hello NG,
> we're a lesbian binational couple; maybe somebody has an idea for us. No
> mean/rude remarks please.
> Ok, the situation is as follows.
> 1 US citizen, the other one here in the US currently on B-2, her degree
doesn't
> qualify for a H1-B visa.
> They've been together since 1999, visiting each other on a regular basis
(no
> problems with the INS yet, wow).
> Is there any way, with a really GOOD lawyer, to try something like AOS?
> Or any other ideas? Could she try to go for an E-1 visa if she starts an
> import/export business?
> Thanks so much, looking forward to (open-minded!) answers ;-)
> Sara
H1 a couple of years later.
I did not have a BSc qualification so I claimed my trade qualification plus
my work experience to be equivalent to a BSc.
My application was rejected by INS, they claimed that my work experience
could not be counted towards a BSc.
My lawyer told me before we applied that this would happen. He simply quoted
a documented case to INS where INS had accepted a persons work experience
towards their degree and 'hey presto' INS granted me a H1 visa.
It cost approx US$1800 in 1991 but it was well worth it to me, however, had
I done it myself I would have packed my bags and gone back home after my
application was rejected.
I believe you can stay in US for 6 years on a H1.
Hope this helps.
"ZareahUSA" wrote in message
news:[email protected]...
> Hello NG,
> we're a lesbian binational couple; maybe somebody has an idea for us. No
> mean/rude remarks please.
> Ok, the situation is as follows.
> 1 US citizen, the other one here in the US currently on B-2, her degree
doesn't
> qualify for a H1-B visa.
> They've been together since 1999, visiting each other on a regular basis
(no
> problems with the INS yet, wow).
> Is there any way, with a really GOOD lawyer, to try something like AOS?
> Or any other ideas? Could she try to go for an E-1 visa if she starts an
> import/export business?
> Thanks so much, looking forward to (open-minded!) answers ;-)
> Sara
Mar 25th 2003, 4:57 am
#5
Guest
Posts: n/a
Re: "Mission Impossible"? any ideas for this case?
Hnchoksi wrote:
> Well, you really need a lawyer. This is a very grey area. I don't think INS
> recognizes same-sex marriages. Therefore, AOS may not be an option. The only
No, they don't. A family based GC is therefore out of the question.
> Be very careful on the investor visa issue. Do NOT proceed without a lawyer
> who specializes in investor visas.
The OP talked about the non-immigrant E-1 Treaty Trader visa, not the EB-5
Immigrant Investor category.
Here is a checklist for the E-1:
http://www.visalaw.com/00feb1/8feb100.html
The EB-5 requires a substantial amount of investment: $1M.
See http://www.visalaw.com/00nov2/12nov200.html
Of course, these all require very careful planning, which should not be done
without an experienced immigration attorney.
> Well, you really need a lawyer. This is a very grey area. I don't think INS
> recognizes same-sex marriages. Therefore, AOS may not be an option. The only
No, they don't. A family based GC is therefore out of the question.
> Be very careful on the investor visa issue. Do NOT proceed without a lawyer
> who specializes in investor visas.
The OP talked about the non-immigrant E-1 Treaty Trader visa, not the EB-5
Immigrant Investor category.
Here is a checklist for the E-1:
http://www.visalaw.com/00feb1/8feb100.html
The EB-5 requires a substantial amount of investment: $1M.
See http://www.visalaw.com/00nov2/12nov200.html
Of course, these all require very careful planning, which should not be done
without an experienced immigration attorney.
Mar 25th 2003, 11:15 pm
#6
Guest
Posts: n/a
Re: "Mission Impossible"? any ideas for this case?
Hello everybody,
thank you for your answers :-)
She is a certified translator (2-year college in Germany), and I've heard a
2-year degree is not enough for a H1. She's been working as a freelance
translator in Germany for a couple of months after graduating, so that doesn't
really count either.
Yes, I was talking about the treaty trader visa, not the investor visa (wish I
had a million though!). I've read the INS doesn't look that close at your
investment there, but more at the quantity of imported/exported goods.
Could we try that while she's in the US or would she have to apply for it in
Europe?
Thank you all so much for being friendly and helpful,
Sara
thank you for your answers :-)
She is a certified translator (2-year college in Germany), and I've heard a
2-year degree is not enough for a H1. She's been working as a freelance
translator in Germany for a couple of months after graduating, so that doesn't
really count either.
Yes, I was talking about the treaty trader visa, not the investor visa (wish I
had a million though!). I've read the INS doesn't look that close at your
investment there, but more at the quantity of imported/exported goods.
Could we try that while she's in the US or would she have to apply for it in
Europe?
Thank you all so much for being friendly and helpful,
Sara
Mar 26th 2003, 4:20 am
#7
Guest
Posts: n/a
Re: "Mission Impossible"? any ideas for this case?
Joachim Feise wrote in
news:[email protected]:
> Hnchoksi wrote:
>> Well, you really need a lawyer. This is a very grey area. I don't
>> think INS recognizes same-sex marriages. Therefore, AOS may not be
>> an option. The only
>
> No, they don't. A family based GC is therefore out of the question.
Just hypothetically, what if one of them were to become a man?
>
>> Be very careful on the investor visa issue. Do NOT proceed without a
>> lawyer who specializes in investor visas.
>
> The OP talked about the non-immigrant E-1 Treaty Trader visa, not the
> EB-5 Immigrant Investor category.
> Here is a checklist for the E-1:
> http://www.visalaw.com/00feb1/8feb100.html
> The EB-5 requires a substantial amount of investment: $1M.
> See http://www.visalaw.com/00nov2/12nov200.html
> Of course, these all require very careful planning, which should not be
> done without an experienced immigration attorney.
>
>
Now here's a thought. If you can find a job at a firm that has 'Treaty
Trader' status, then you can get an E-2 visa. Two problems, though. First,
I think you may have to work for them overseas for a while before you
qualify, and second, their status doesn't last forever from the point in
time where the principal comes over with the E-1 visa. Maybe this idea has
too many other problems, but it would let you get in on the back of
someone else's investment.
Another related idea. If one of you is a translator, as I seem to recall
you said, you could get a G-4 visa by getting a job with an embassy or a
recognised international organisation (like a UN agency).
My info may be somewhat out of date, so check first.
news:[email protected]:
> Hnchoksi wrote:
>> Well, you really need a lawyer. This is a very grey area. I don't
>> think INS recognizes same-sex marriages. Therefore, AOS may not be
>> an option. The only
>
> No, they don't. A family based GC is therefore out of the question.
Just hypothetically, what if one of them were to become a man?
>
>> Be very careful on the investor visa issue. Do NOT proceed without a
>> lawyer who specializes in investor visas.
>
> The OP talked about the non-immigrant E-1 Treaty Trader visa, not the
> EB-5 Immigrant Investor category.
> Here is a checklist for the E-1:
> http://www.visalaw.com/00feb1/8feb100.html
> The EB-5 requires a substantial amount of investment: $1M.
> See http://www.visalaw.com/00nov2/12nov200.html
> Of course, these all require very careful planning, which should not be
> done without an experienced immigration attorney.
>
>
Now here's a thought. If you can find a job at a firm that has 'Treaty
Trader' status, then you can get an E-2 visa. Two problems, though. First,
I think you may have to work for them overseas for a while before you
qualify, and second, their status doesn't last forever from the point in
time where the principal comes over with the E-1 visa. Maybe this idea has
too many other problems, but it would let you get in on the back of
someone else's investment.
Another related idea. If one of you is a translator, as I seem to recall
you said, you could get a G-4 visa by getting a job with an embassy or a
recognised international organisation (like a UN agency).
My info may be somewhat out of date, so check first.
