hey all. im still located in aust atm but plan on moving over to the usa with my sucessful dv 2009 lottery. prob being is that when i applied i only just started seeing my current gf and she had no plans of going ova as its a big move but now that we have been together 2 and a bit yrs she wants us to stay together and come ova aswell. this decision was only made lately afta i already had my own application approved. whats my best way of trying to get her a visa aswell so we dont have to break up???
dv lottery and partners
- Thread starter sir5.7
- Start date
Get married and send notification n marriage certificate to kcc before they send ur document/file to ur local u.s embassy consular.moreso, before the fiscal year runs out.
if ur file has been sent to ur local u.s embassy u will have to contact them.
to know if ur file has been sent pls contact kcc first.
hope this helps.
if ur file has been sent to ur local u.s embassy u will have to contact them.
to know if ur file has been sent pls contact kcc first.
hope this helps.
NuvF
Member
I think you mean DV 2010, and that you have ALREADY got your visa stamped on PP.
In that case its game over for your GF, sorry but that is the reality!
If you marry her now, then she will have a hard time even entering US on a F or B visa. In that case she will have to get her own H1b type visa to come to US
But if not married she could visit you often on B visa (I think). The only way she could get a GC now is via an H1B employment, she winning her own DV, wait for 5 years until you become citizen (provided you're then married to her and you have fulfilled 5yr/30 months residency requirement)
As far as your DV 2010 case is concerned, its closed after they issued you visa, you cannot add anyone anymore.( but for the sake of it ask KCC/embassy as well and confirm my point)
Good Luck !
PS: The easiest way I see that you can be together is.......DO NOT marry her now. You go to US and establish yourself (3-6 months). Get your GF to apply for a student visa, and then get her down.
After that , marriage for the next 5 years is OPTIONAL, however if you do and your GF has to renew her F visa, then it may be problematic.
Once you get settled in US you can get access to quality immg. law legal advise and act accordingly.
OR
You may marry her now and then when you get to US get legal advise and file for a family based GC right away. But it has its own pitfalls, mainly time (>3-5 yrs) and she will not get F or B visa during that time.
In that case its game over for your GF, sorry but that is the reality!
If you marry her now, then she will have a hard time even entering US on a F or B visa. In that case she will have to get her own H1b type visa to come to US
But if not married she could visit you often on B visa (I think). The only way she could get a GC now is via an H1B employment, she winning her own DV, wait for 5 years until you become citizen (provided you're then married to her and you have fulfilled 5yr/30 months residency requirement)
As far as your DV 2010 case is concerned, its closed after they issued you visa, you cannot add anyone anymore.( but for the sake of it ask KCC/embassy as well and confirm my point)
Good Luck !
PS: The easiest way I see that you can be together is.......DO NOT marry her now. You go to US and establish yourself (3-6 months). Get your GF to apply for a student visa, and then get her down.
After that , marriage for the next 5 years is OPTIONAL, however if you do and your GF has to renew her F visa, then it may be problematic.
Once you get settled in US you can get access to quality immg. law legal advise and act accordingly.
OR
You may marry her now and then when you get to US get legal advise and file for a family based GC right away. But it has its own pitfalls, mainly time (>3-5 yrs) and she will not get F or B visa during that time.
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B visa means you can't stay more than 6 months or if the immigration employee is saying shorter it will be shorter....the 6 months is per year even if you split it up and spread it out, the next time if another employee will notice that all spread out stays are over 6 months in one year it means you over stayed, so be cautious....friends of mine you found out they stayed too long every year just on a tourist visa, but never stayed longer then 3 months and left, but all together added up to more then 6 months in one year and that caused them major issues, since the weren't aware of it.
Many people think that on a tourist visa you enter the US for less then 3 months, leave for 2-3 weeks or 1 months, come back for less then 3 months, leave again and come back one months later....which in total means you over stayed...They did that for years and never was it mentioned to them, until they met an employee who noticed it....
i was goin to travel ova with her b4 marrying then marrying when i got ova there after speakin to a good immigrational lawyer. cant believe it is that difficult to get a spouse to come ova??
Check the lawyer out before you start wasting your money...there are many good lawyers but also who claim they can help you and don't get you any result, just drag out the case as long as possible. The owner of the forum has a law firm and he started a forum and is allowing others to help each other while he could have profited from all of us and isn't doing that. Perhaps you can contact him and ask for advise.
nice advice bentlebee. This forum has been helpful to many. You can take a look on this page for information under the header : Marriage to permanent resident
http://www.immihelp.com/greencard/familybasedimmigration/persons-in-us.html
good luck
http://www.immihelp.com/greencard/familybasedimmigration/persons-in-us.html
good luck
by reading the link on immihelp it seems my ownly option is go over with her, get married, get her a student visa so we can still be together??? this sound correct? can u keep renewing student visas until the time comes where the marriage will justify her a visa? can someone work legally while on a student visa? what do they have to study? can she apply for a student visa in the usa or does she have to do it while still in oz?
NuvF
Member
I think I will caution you to be bit more patient and take it easy.
You have missed a good opportunity and now you seems to be on a rush...which is not good.
I am sure you plan to use the visa waiver program to get her into US and think you will be able to get her an F visa within 6 months....well it can be done if you plan well ahead (what univ, what program etc), but what if she could not do that and she refuses to leave her prince charm for sometime after 6 mos?....then she get the "illegal presence" label and its a bad one, that's a bouncer you really need to duck!!. (sorry if you think I am a pessimist but just want to let you know the worst for your own good) your options are.....
a) If you really think you have to take her with you now, look for F visa opportunities related to her education background and her interests (at the F visa interview or at PoE ask her NEVER TO MENTION about her desire to join her GC fiance....seriously!!) . F visa is a whole new ball game, and you 2 will have to learn about it more.
b) Come alone now, give yourselves time and work things out leisurely by yourself or with legal help. The downside is, you will soon get into the rat race of survival in US and may not have any time in the world to look for opportunities for her.
a) or b)....like a Googly and a Doosra isn't it?...but nice thing is, you 2 seems determined to face it anyways !!
I wish you both good luck !.....that you will stay together strong and face it off, one way or another.
Best of Luck!!
You have missed a good opportunity and now you seems to be on a rush...which is not good.
I am sure you plan to use the visa waiver program to get her into US and think you will be able to get her an F visa within 6 months....well it can be done if you plan well ahead (what univ, what program etc), but what if she could not do that and she refuses to leave her prince charm for sometime after 6 mos?....then she get the "illegal presence" label and its a bad one, that's a bouncer you really need to duck!!. (sorry if you think I am a pessimist but just want to let you know the worst for your own good) your options are.....
a) If you really think you have to take her with you now, look for F visa opportunities related to her education background and her interests (at the F visa interview or at PoE ask her NEVER TO MENTION about her desire to join her GC fiance....seriously!!) . F visa is a whole new ball game, and you 2 will have to learn about it more.
b) Come alone now, give yourselves time and work things out leisurely by yourself or with legal help. The downside is, you will soon get into the rat race of survival in US and may not have any time in the world to look for opportunities for her.
a) or b)....like a Googly and a Doosra isn't it?...but nice thing is, you 2 seems determined to face it anyways !!
I wish you both good luck !.....that you will stay together strong and face it off, one way or another.
Best of Luck!!
As an Australian, he best options for a longer-term visa would be E3 or the 12 month working holidays visa.
the E3 is if she's finished a degree and can get a job related to the degree. Although, there are a lot of Australians that I have met in the states working as waiters etc who have business/accounting degrees and somehow convince immigration that the job and degree are linked.. the E3 is valid for 2 years and can be renewed.. the beauty of the E3 is that it is exclusively for Australians and they never give out all 10,000 per fiscal year.
The working holiday visa is 12 months.. and she would have to be enrolled in TAFE or UNI to qualify.. both would be worthwhile looking into and a lot easier than any marriage based visas at this stage.
the E3 is if she's finished a degree and can get a job related to the degree. Although, there are a lot of Australians that I have met in the states working as waiters etc who have business/accounting degrees and somehow convince immigration that the job and degree are linked.. the E3 is valid for 2 years and can be renewed.. the beauty of the E3 is that it is exclusively for Australians and they never give out all 10,000 per fiscal year.
The working holiday visa is 12 months.. and she would have to be enrolled in TAFE or UNI to qualify.. both would be worthwhile looking into and a lot easier than any marriage based visas at this stage.
Great advise...I wouldn't call it pessimistic but realistic, what you are describing.
Before getting a F visa you must have the money to pay the College, because only if you have a special quality as a foreigner (like for examples an athlete) you can get a scholarship, otherwise you pay full prize as a foreigner which is way higher then a US student that is an In State student...so be prepared to have all papers ready, because you need to enroll, etc...to be eligible for a F visa...
Look into student visas: F, J and otherwise a professional visa like E and H1B.
I have used 3 J1's for a total of 1.5 years and H1B's for a total of 6.5 years.
Seems like you need something that can tie you over for a couple of years until you'll be eligible to become a citizen so she can do an AOS to a fiance visa.
Best bet would be F1, H1B or E as they are longer term. J1 is capped at 18 months.
I thought J1 visa holders have to finish the requirements before they can come back into the country...exchange student...
Exemptions are possible:
There are five statutory bases upon which you can apply for a waiver of the two-year foreign
residence requirement:
1. a no objection statement from your home government,
2. a request from an interested U.S. Government agency on your behalf,
3. a claim that you will be persecuted if you return to your country of residence,
4. a claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if
you are required to return to your home country, and
5. a request from a state public health department, or its equivalent, on your behalf (only
applies to foreign medical graduates who obtained J-1 status for graduate medical
training or education).