Paul250268

Dear All

Here's a familiar story I'm sure.

Met a girl from Texas @ Christmas. Went out there to visit for 3 weeks in February (Valentine's Day). Now I really want to live out there with her.

I explored the H1B visa route but I couldn't find a box to tick for "University of Life".

So, I'm trying the L1-A route. I have a business with a U.S. shareholder who can increase his "ownership" to 50%.

The "crunch" comes with the salary. He pays all of his sales staff commission only. Which I would be happy with but immigration would NOT.


Question :

I've been told that permanent residency can take between 6 months and 36 months to process depending on when and where the application is filed.

Can anybody recommend the "fastest route" ?

I may just be able to get agreement on a salary payment for 6-12 months but there's no way they will agree to up to 36 months.


Thanks



Paul

Ray

For an L-1A intracompany transfer visa you will need to have an existing
substantial business already in your home country.. which must be kept running..
Why not get the good lady to file for a K-1 visa for you ..

Paul250268

Ray,

That's O.K.

I have that.

The U.K. company is currently split 40/40/20.

The remaining U.K. shareholder will continue to run the business.

We have been trading with the U.S. company for just over 2 years.

Any advice would be gratefully received.


Paul

Ray

Just get a lawyer and file away then ....do you have at least 6-10 employees in the uk ...any less and little chance ..

Paul250268

Ray

There's only 2 of us in the U.K.

So, you think that may be a problem?

It wasn't flagged by my Immigration Attorney.

She said that as long as it looked as though we had a strong trading relationship AND we looked very similar from a branding point of view it should be O.K. We have spent over $300k with the U.S. firm since December 2003.


If this doesn't work I guess I'll have to propose!!!!


Paul

Ray

With the current amout of fraud going on with L-1s I would be amazed if you got it with 2 employees... but stranger thing have happened...
Be advised by your Lawyer .....
Remember what the L-1 was designed for ... for the likes of GM, microsoft, and big international conpanies to move their directors around ..

I still think the K-1 would be a more sure thing ..

Paul250268

Ray

I've not heard of the K-1.

What is it?


Paul

Ray

A fiancee visa ... you get the visa ...you travel too the USA ..you get married within 90 days of entering .. you apply to adjust status ..you have interview you get green card ...

very much simplfied

Paul250268

Thanks Ray,

Do you know if you can work legally during those first 3 months ?

Paul

FlyergirlUK

You can work incident to status but you may find that if you don't have anything specific to show this that you won't get taken on by an employer.
You will also need to apply for an SSN, (social security number) at your local SSA.
This is best done about 14 days after your arrival so that your name can be found on the SAVE system used by the SSA.

More information on all of this can be found on visajourney.com under the title 'visa FAQs'.

You will have to apply for an EAD, (employment authorisation document) along with your AOS, (adjustment of status) in order to work after that.

ladylisa

At least the 90 days would give you extra time with your girlfriend to see if she is the one.

FlyergirlUK

If he's eligible to use the VWP then he should use that time to find out if she is 'the one' as it can take several months to get the K1, (no idea what the processing times are like these days - depends on where she files).

Paul250268

FlyergirlUK

Thanks for your comments.

Perhaps you can help further?

This is what I would "like to do" :


(a) Move to the U.S. for 6-9 months and spend some quality time with my "new" girlfriend.


(b) Work on a sales only commission basis during that period.


I have an "income" of $2500 per month so I can just about afford to support myself (this expires in December 2006).

On top of that I have modest savings of $50,000.

This means I could afford to rent somewhere and "date" for period of time to find out "if" we want to get married.

If it dosen't work out I can come home.


We should be able to do that shouldn't we?


Thanks again



Paul

Ray

A ..... 6 months maybe if you can get a B-2 visa ..but unlikely

B.. NO...

FlyergirlUK

What we'd like to do and what we can do are, usually, two different things when it comes to living and working in the US.

I think Ray has answered your questions in a nutshell.

Again, all I can say is to read the visa FAQs wrt. the I-129F/K-1 process on visajourney - that will give you your basic guidelines which you will need to follow if you wish to pursue this avenue.

If you have any other questions on that process then you would be best to ask them either on visajourney itself or on the US marriage-based immigration forum here on BE.