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Hey! So I got an NOA2 and my petition for a K-1 visa's been approved. So now I guess I need to get some documents together and my fiancée needs to interview with the embassy. At any rate, it's my understanding that I need an I-134 form for her. Well, question 11 says: "I [intend/do not intend] to make specific contributions on behalf of the person mentioned in item 3. (If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish room and board, state for how long and, if money, state amount in U.S. dollars and whether it is to be given in a lump sum, weekly, or monthly, and for how long)" How am I supposed to answer that, exactly? I mean, there isn't really a specific amount, it's pretty much whatever she needs I'm going to be paying for... RICHUNCLEPENNYBAGS fucked around with this message at 02:46 on Oct 25, 2012 |
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Oct 25, 2012 02:44
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On the off-chance that it helps anyone, my path to a green card, after marrying my girlfriend of almost a decade, was: Married my (American) wife in my home country (UK) Wife flies back to USA I follow to the USA some weeks later on a Visa Waiver visit Close to the end of my three-month stay I apply for Adjustment of Status and remain in the country I receive my Green Card several months later via the normal spousal method When I first applied for AoS I was unable to leave the country: once the first round of paperwork was over with, I was given some documents with which I could travel. There was a big delay at the airport when I first came back with one of these, but we were allowed into the USA without problems. Technically to come on the VWP then apply for AoS in this circumstance is against the rules (or at least was in 2010), but on its own is not sufficient grounds for an application to be denied. Obviously I'm not a lawyer and the above isn't to be taken as an endorsement of this method - the rules could very easily have changed since 2010. But if you or your SO is a non-US citizen from a VWP country it is at least worth investigating.
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Oct 25, 2012 16:05
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RICHUNCLEPENNYBAGS posted:Hey! So I got an NOA2 and my petition for a K-1 visa's been approved. So now I guess I need to get some documents together and my fiancée needs to interview with the embassy. You answer by checking 'do not intend', because you are just going to pay whatever is needed and not set things.
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Oct 25, 2012 21:49
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nach0king posted:Married my (American) wife in my home country (UK) Interesting. We're in a somewhat comparable situation. Wife (american) married me 10yrs ago here in Germany. Have a kid here now. In case we ever want to go to the US for longer, I'd need a GreenCard. Also getting dual citizenship for our kiddo would be nice. Problem: Due to a lack of employment/school records, my wife can't prove that she lived 10+ years in the US. So the consulate here will not give us the paperwork for our kids citizenship application. As far as I understood the GreenCard process, to apply for it, she would have to be my "sponsor" - also not possible thanks to a lack of records on her side, proving she was living in the US long enough. D'oh. Not that it really matters much, since we're pretty happy in chilly Germany and that I personally only want to move to the US once I retire - but even then it would be much more convenient for me to have the card then not. (BTW: She was in Germany illegally for 6 months. The authorities did not care, even when we went there, Only "recommended" for insurance reasons that we should marry. At some point. Took some paperwork, translations and a short trip back to the US and back to Germany for some rubberstamping and off it went. Immigration for her was pretty easy - after three years she got granted permanent legal alien status no longer based on our marriage. She could try to be a citizen, but her current status is OK with her (and me).)
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Oct 29, 2012 22:13
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THE AWESOME GHOST posted:That chart says minors of US Citizens can apply for a green card... aren't minors automatically naturalized if parents are citizens? At least I thought that's how it works, that if I have children they'll be US Citizens regardless. I thought it didn't matter where they are born. If you have a US parent you are a citizen or eligible for citizenship. Minors also are naturalized if the parent is naturalized. Retro Access posted:For the getting married part, you don't have to do anything different from anyone else, just file at the county registry or whatever it is (we had to sign some documents but i can barely remember) then get married however you like. Just get married. Even if all you do is goto a justice of the peace. It's quick and easy. If you're married permanent residence status (green card) will be granted quicker and you can apply for naturalization after only 3 years instead of 5 years.
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Oct 30, 2012 01:21
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Do you have to be in the US to apply for Adjustment of Status? Sounds pretty scary risking that multi thousand dollar plane ticket cost for the potential for disappointment. Fiance and I are pretty close to Minimum wage so all of this US Immigration stuff is pretty scary.
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Nov 9, 2012 01:35
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Yes, because in order to file an 'Adjustment of Status' you must have a status to adjust, and you won't have status until you are in the US. It is intended for someone who is already living in the US in some status and would like to become a resident, not for people who are planning to fly in and then file. I understand that the actual question you are asking is 'Do I need to be in the US to apply for Permanent Residence' and the answer to that is 'Not necessarily'. You can file an I-130 (Which is the Petition for Alien Relative that gives them to ability to apply for a green card) for someone who is outside the US, and request that it be processed at a US consulate. Once approved, they will then need to work with the National Visa Center and their local consulate to provide a bunch of documents, apply, and hopefully get approved. Then they are issued an Immigrant Visa, they fly to the US, and a green card is mailed to them on arrival. This only applies if there is an existing family relationship, so you can't do this for a fiance(e). If you are not planning on getting married prior to the application, then you need to file an I-129F with USCIS, which is basically an I-130 for a fiance. They complete a similar process, but the difference is that they are not given an immigrant visa - they are given a fiance visa, which allows them to enter the US. Once they enter, you have 90 days to get married and file the Adjustment of Status. Providing that you follow through, it is very unlikely that the Adjustment would be denied, because you will have already cleared the highest bar, which is proving there is a real relationship. tl;dr - get a lawyer
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Nov 9, 2012 02:44
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Thinking about going the I-129F route but we stupidly only took one picture together during my visit earlier this year, we were thinking of marriage before then but not about the technicalities of immigration. Wondering if it's worth the 8 month wait of trying an I-129F with potential for "insufficient evidence of a relationship" have got a bunch of affidavits, and letters and emails that we've sent each other but still worried that the single picture might drat us. Some deal just came up where we can get together again in New Zealand for ~$700 US less than a ticket would normally cost (~$2000 US), but not until March, and it seems like the I-130 process is roughly the same speed as the I-129F. Wondering at this point if I should follow in nach0king's footsteps or if that would be ill advised. Also wondering if I'd be better off waiting til March, getting married here and then doing the I-130 or if my worries about insufficient evidence for the I-129F are unfounded. Ideally I'd like to be together as soon as possible, but it seems like nach0king's route is the fastest and it's risks carry the highest penalty, I-129F is second fastest, and carries a mostly time based penalty for failure and I-130 is the slowest but seems the most assured route to success. To summarise: What are the odds of getting screwed by using nach0king's method? What are the odds of only having a single picture meaning we have insufficient evidence for an I-129F? Bonus: Is it possible to submit further evidence for an I-129F without further delaying it?
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Nov 9, 2012 07:38
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WetSprink: If you submit an I-129F with insufficient evidence it could be denied outright or you could be issued what is called a Request for Evidence (RFE for short). Getting a RFE would legenthen the processing time for the I-129F. What other evidence besides the one picture of you two together do you have? Copies of emails, letters, greeting cards sent to each other? Are you officially engaged? Do you have a receipt for an engagement ring? If you have no other evidence of your relationship besides a single picture of the two of you together, the chances are pretty high you would be submitting insufficient evidence to establish that you have a genuine relationship. It would be risky to go the same route as nach0king, because as he says, applying from Adjustment of Status when you are in the U.S. on a Visa Waiver is generally against the rules. I'm pretty surprised that he was approved and got his green card through that route. As always, the best advice would be to consult a lawyer.
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Nov 9, 2012 15:58
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At the moment we have: One Photo of us together at a Restaurant taken in the US. Affadavits from people who saw us together or believe that we are in a relationship, including my mother, her grandfather + grandmother and her employer. Her grandmother was present when I proposed so that should be in the affadavits too. Emails Skype call logs Gift receipts Boarding passes from my trip to USA to see her Receipt for purchase of Plane ticket for her to visit me in March 2013. Log of phone calls between us from phone provider Letters/Cards (Is it okay to submit photocopies/scanned copies of these?) re: Consulting a Lawyer would it be best to consult one in the US, or in New Zealand?
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Nov 9, 2012 16:16
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A U.S. lawyer would be the one to consult. As I understand, your fiancée is the U.S. citizen, and therefore she would file the I-129F and would be the one to consult a lawyer in the U.S. Photocopies/scans of letters/cards would be fine. An Cat Dubh fucked around with this message at 16:42 on Nov 9, 2012 |
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Nov 9, 2012 16:32
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I had a bunch of stuff typed up here but honestly WetSpink you are getting into the realm of 'Help me with my detailed and specific immigration process based only on what stuff I mention on this forum' which I really hate. We don't have the opportunity to review your documents or your situation which means that our advice is always going to be based on a certain amount of guesswork and assumption that may not apply. Get a lawyer, they will talk to you for a couple hours or have you fill out a ten-page worksheet to get all the relevant information. Otherwise I imagine you posting in eight months to say 'Hey guys we got denied because of my felony drug conviction/domestic abuse history/previous fraud/insert other missing info, why didn't you warn me about that?!' Having said that: 1) The bar for proving a legitimate relationship for the I-129F is lower than for the I-130, because it's understood that you are living in different countries and basically waiting to join your lives. So things that would raise questions in an I-130 (not living together, not having joint accounts, no shared finances, etc.) are not really an issue in an I-129F. This is balanced by the stricter timeline and potentially harsher penalties for abusing the I-129F. 2) The list of documentation you posted seems fine. I have seen I-129Fs approved with less. Only one picture is not great but it just means you have to outweigh it with other documentation. Proof of visits and affidavits from family is good.
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Nov 9, 2012 17:00
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I am an American citizen and my son was born in the Netherlands. I haven't filled for citizenship for him. Can he apply himself once he is 18? Or is that too late?
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Nov 9, 2012 19:56
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WetSpink posted:Do you have to be in the US to apply for Adjustment of Status? Sounds pretty scary risking that multi thousand dollar plane ticket cost for the potential for disappointment. Fiance and I are pretty close to Minimum wage so all of this US Immigration stuff is pretty scary. Have you had a chance to look over I-134, the Affidavit of Support? I would hate for you guys to have to go through a whole lot of expense and paperwork to find out your fiance doesn't make enough money for you to qualify to immigrate.
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Nov 9, 2012 22:30
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Queen Elizatits posted:Have you had a chance to look over I-134, the Affidavit of Support? I would hate for you guys to have to go through a whole lot of expense and paperwork to find out your fiance doesn't make enough money for you to qualify to immigrate. We checked and thankfully she is above the line! Thanks for the other information, Ashcans and An Cat Dubh. Looking into lawyers and scanning letters (and envelopes) now.
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Nov 10, 2012 01:47
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z0331 posted:I always liked this chart to really illustrate how difficult it is to become a US citizen. This is depressingly true. I spent my whole career and education studying as hard as I could to try to get to the top of my profession in the hopes that I would become attractive enough to be seen to be an asset, and to be allowed to emigrate to the US. I've found that this was pretty much the opposite to what I needed to do. I can't even enter the green card lottery. UK citizens have been barred from entering that for what seems like forever. The only method I can see is H1-B, but despite applying for multiple jobs I pretty much get either no reply, or an incredibly short, rude, go away. Being an educated, industry certified professional seems to mean nothing. I guess I could get investment, but who the hell has $200k sitting about. It's almost like the US actively despises UK citizens. And yet ever single US based IT professional I deal with in the US seems to have an Indian accent. It's loving dire. I guess I'll keep applying to ads in the hope I win the contracting lottery one day... 
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Nov 10, 2012 19:18
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Honestly I don't know why you would want to come here anyway, but your two best options are probably: 1) Try to get a job with a company that has offices in both Europe and the US, work there for a little while and then ask to transfer. 2) Apply to some sort of graduate program in the US, and network like a motherfucker while you are here. 3) Emigrate to Canada, become a Canadian citizen, and then you can work in the US much more easily using the TN.
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Nov 10, 2012 19:24
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After I finish my masters (UK) I was thinking about maybe working a summer in the US, just for a new experience. Probably 3 months max. I know you can get visas to be a summer camp worker, but I would prefer to be in a city bartending or waiting or something like that. I did a little research on visas and it seems like it's almost impossible to get anything like that organised. I would totally be willing to do a short-term job in my field (operations research) but I doubt very much there's any companies that offer 2-month contracts to foreign nationals to come and do paid work in OR. So do you know if I can get a student work visa (J-1 is it?) as a masters student before I graduate, which would still be valid for the summer after when I'm no longer technically a student?
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Nov 10, 2012 19:53
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Ashcans posted:Honestly I don't know why you would want to come here anyway, but your two best options are probably: Tried 1, but those opps are few and far between. I'm a little too old and too child bound for number 2! Number 3 is an option, but it just seemed a little messy. That will most likely be the way I have to go though eventually. As for why? I suppose the grass looks greener on both sides of the pond! My guess is it's probably similarly brown though, and in my industry the US is where it's at.
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Nov 10, 2012 20:31
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Ashcans posted:Honestly I don't know why you would want to come here anyway Very nice, no immigration thread on SA can ever do without 1. Why don't you go to Canada? 2. Who would want to come here? 3. We don't have any jobs here. But it's at least somewhat new for that to come from someone who apparently works in the field. To address these things from my perspective: 1. I won't ever be able to think of Canada without thinking of fraternite again. But seriously, a country like Canada is a different tradeoff. I could go through all the tradeoffs, but to me it would just be boring and second choice. I know it's supposed to be great and all, but not everyone likes the same things. 2. I get asked the same in my old country. Every country has the same self-loathing intellectuals the US has to a degree. Over there I get congratulations for leaving. I think it's always people projection their feelings on me. 3. Bullshit. It's about as true as it is for every other country: It depends on the field someone works in. Anyway, I'd love it if the guy cutting my hair would question the wisdom of anyone getting a haircut. 
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Nov 11, 2012 00:37
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flavor posted:
Hey it's only natural. If someone where to post about how they immigrate into the UK I would probably say the same thing! Anyway, this is spooky. I sent another few applications yesterday, and strangely it seems I've got an initial telephone interview for a possible long-term contracting position in NYC! Weird eh? So I have a couple of more specific questions. I understand the H1-B is a skilled-worker Visa which is a sponsored by employer. This is likely going to be my only way in. Thankfully I'm pretty highly certified in my career, so it shouldn't be difficult to justify. The particular application says "EAD Preferred". I wasn't familiar with the EAD. I've read some stuff online, but US immigration information is difficult to grasp so perhaps someone can put it into clear english?
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Nov 11, 2012 12:45
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EAD stands for Employment Authorization Document, basically a work permit that allows you to work in the U.S. You can basically work anywhere in the U.S. with an EAD and the employer doesn't need to sponsor you like they would with an H-1B. Only certain categories of nonimmigrants (non citizens or residents) can apply for an EAD. One example would be people who have applied for Adjustment of Status to permanent residency (green card). While they are waiting for their application to be processed, they can apply for an EAD to work until they get their green card.
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Nov 11, 2012 14:49
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An Cat Dubh posted:EAD stands for Employment Authorization Document, basically a work permit that allows you to work in the U.S. You can basically work anywhere in the U.S. with an EAD and the employer doesn't need to sponsor you like they would with an H-1B. Only certain categories of nonimmigrants (non citizens or residents) can apply for an EAD. One example would be people who have applied for Adjustment of Status to permanent residency (green card). While they are waiting for their application to be processed, they can apply for an EAD to work until they get their green card. Got you, so these are people who are already resident in the US, say on a student visa or something, but don't have the right to work on their current visa. They get the EAD whilst adjusting their status to one which will allow them to work.
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Nov 11, 2012 14:58
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I think I may have overcomplicated things a bit by mentioning Adjustment of Status. That's just the technical term for applying for a green card when you are already in the U.S. in a different status. I was giving an example that people who apply for a green card can apply for an EAD so they can work until they get the green card. Only people with certain visas or certain 'statuses' (like waiting for a green card or asylum application to be processed) can apply for an EAD. Just as a note, if you are married and you do happen to come to the U.S. with an H-1B visa, your spouse will not be allowed to work and cannot apply for an EAD.
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Nov 11, 2012 15:22
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An Cat Dubh posted:I think I may have overcomplicated things a bit by mentioning Adjustment of Status. That's just the technical term for applying for a green card when you are already in the U.S. in a different status. I was giving an example that people who apply for a green card can apply for an EAD so they can work until they get the green card. Only people with certain visas or certain 'statuses' (like waiting for a green card or asylum application to be processed) can apply for an EAD. Just as a note, if you are married and you do happen to come to the U.S. with an H-1B visa, your spouse will not be allowed to work and cannot apply for an EAD. Yep, understood on the last part. My wife doesn't work at the moment anyway. She's a teacher so the chances are her qualifications would be meaningless without further study anyway. Incidentally, once you're in the US on an H1-B is it possible to move to other visa types or are you fixed to that type. The H1-B is time limited as far as I'm aware, and I understand you are tied to the sponsoring employer too.
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Nov 11, 2012 15:32
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You can apply for other visa types. You can also apply to transfer your H-1B employment to another employer who would then sponsor your H-1B visa, so you do not have to work for the same employer who initially sponsored your H-1B visa for the entire time.
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Nov 11, 2012 15:42
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This is going to be a long post I guess but whatever. Hoops posted:After I finish my masters (UK) I was thinking about maybe working a summer in the US, just for a new experience. Probably 3 months max. I know you can get visas to be a summer camp worker, but I would prefer to be in a city bartending or waiting or something like that. I did a little research on visas and it seems like it's almost impossible to get anything like that organised. I will tell you straight up that I don't deal with J-1s very much so I have limited experience. Your best shot is probably the summer work travel version, seeing as you are currently a student and only want a short stay. The part where things get a little squashy is that you sound like you want to travel right after your program - I am not sure at which point they will check your student status. If it's done by the program in advance, then you might be ok. If it is dobulechecked on entry, you could have issues. The ideal option would be to find a way to delay the awarding of your degree so that you haven't finished your program yet, but like I said I'm not really that experienced in this area. Companies have to be registered to handle J-1s, so you might just want to start contacting sponsors that look interesting, and they should have someone on staff that actually knows this poo poo (fingers crossed). You should also look at the intern stuff, because you never know if someone is actually doing it in your field until you check. I have seen some people interning in very niche jobs! Davethehedgehog posted:I understand the H1-B is a skilled-worker Visa which is a sponsored by employer. This is likely going to be my only way in. Thankfully I'm pretty highly certified in my career, so it shouldn't be difficult to justify. The particular application says "EAD Preferred". I wasn't familiar with the EAD. I've read some stuff online, but US immigration information is difficult to grasp so perhaps someone can put it into clear english?  You should probably still go ahead with the interview, because hey the company might have a solution and even if they don't, you want to stay on their radar for the future. For reference, an H-1B is generally limited to six years, but it can be extended beyond that if you have started the green card process before the end of the fifth year. An Cat Dubh answered the rest of your questions, I think. flavor posted:Very nice, no immigration thread on SA can ever do without 1. I didn't say 'Move to Canada it is amazing and better than stinky America!'. I suggested that Dave consider moving to Canada as a step in immigrating to America, because if you are a qualified professional you can move to Canada without a job offer in hand (which is virtually impossible for the US without significant investment or being in the very top of your field). Once you are in Canada it is much easier to interview and network in the US, not to mention the working benefits of the TN. Yes it is a crazy roundabout method that is going to take years, but I've seen it done a dozen times by people who don't have other options. 2. Yea, I guess my tone was a little flippant, but you don't think this is a valid question? Immigrating is difficult and expensive, and so I really think you need a good reason to do it. A lot of people are vaguely unhappy and think that immigrating is a solution, when it really isn't (this isn't like some specific thing to the US, either. See that crazy chick who wanted to illegally move to the UK because she felt like she was inexplicably British or whatever) I spend a lot of time dealing with people who moved to the US for very clear, rational reasons and are still frustrated and irritated by the reality. So one someone doesn't seem to have a clear drive, yea, I'm pretty skeptical. This is keeping in mind that Dave is a UK citizen, which means that he has much easier routes to move to and work in most of Europe and big stretches of the Commonwealth. Does the US really beat out all those options? Now he says that this is where his industry is happening so I guess it does, but I see enough people who uproot their lives and make significant sacrifices to come to the US only to end up disappointed (or discovering the joy of 'at will' employment) that I'm not so enthusiastic. You'll note that I didn't say this to people with clear reasons to immigrate. Is moving to the US really in WetSpink's best interests? I dunno, but I understand he wants to be with the person he loves, so that's clear reason enough. I'll give him advice without questioning his decision. 3. I never said anything about there being no jobs, so I don't even know what this is. We burned up 80,000 H-1Bs in four months so clearly there are jobs, it's just that it's difficult to land one from overseas with no contacts or network to US employers. quote:Anyway, I'd love it if the guy cutting my hair would question the wisdom of anyone getting a haircut.  and stay home with the hedge clipper.
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Nov 11, 2012 16:39
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Ashcans posted:So one someone doesn't seem to have a clear drive, yea, I'm pretty skeptical. This is keeping in mind that Dave is a UK citizen, which means that he has much easier routes to move to and work in most of Europe and big stretches of the Commonwealth. Does the US really beat out all those options? Now he says that this is where his industry is happening so I guess it does, but I see enough people who uproot their lives and make significant sacrifices to come to the US only to end up disappointed (or discovering the joy of 'at will' employment) that I'm not so enthusiastic. Hey, I just want to say thanks for the advice from you and Cat. I don't know the business yet, that's for the call tomorrow, but it was described as "Major Healthcare", so maybe it is some kind of research org.? The answer as to why is a complicated one, but it's one I expect to answer many many times if/when I go down this route. I get the feeling from your (pl.) answers that you're in some way related to the process, so it's only natural you would ask, or be cynical. I know it's quite fashionable in the US at the moment for a lot of people to think things are rosy over in countries like the UK and Scandinavia because of headline things like the NHS. The truth is it's not great. Yes, I could go anywhere and work anywhere in the EU, but it only takes 10 minutes of looking at the economic status of Europe to see why that would be madness, even forgetting language/culture barriers. My mother-in-law lives in France. It's a good job she's retired because there are literally no jobs, and the xenophobia and protectionism is unbelievable. I've worked in pretty much all the countries of Western continental Europe, and none of them made me feel welcome in the way that working in the US does. Germany is the only country I've ever been told to "gently caress off, you go home Englander" in. Also, commonwealth membership gets you precisely sweet-FA in most other commonwealth countries, like Aus or NZ. Even regardless of all that, I'm not leaving because it's poo poo here. I'm looking into it because my bits and bats of time working in the US have always been incredibly positive. I work in IT, and every other country I've worked in has always been following the US's lead. We've got some industry here, but it's never going to be like it is in the US. It's like someone in Finance, they're always going to want to be in NYC, London or one of the other big financial centres. I'm not a starry-eyed teenager blinded by 'The American Dream' here. I'm aware the US has got it's problems, but my experience is that those problems are not totally removed from the same ones we have in the UK. They're just general life/economy problems. I'm also not exactly selling up and burning bridges here either. I've got a good grounding, and any position I moved to would likely be well paid.
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Nov 11, 2012 18:38
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The London based company that I work for has an office in New York and has been there for a few years. We've transferred people to the US under an E1 "trade treaty" visa, however I am the first non-UK employee to require a transfer (I'm a Dutch citizen). According to our lawyer (who is vague at the best of times) I cannot get an E1 visa and need an L1 visa, provided I can prove I have "special skills". My question is, how does one prove one has special skills? I work as an IT professional and am only being considered for relocation due to my experience in the company. Do immigration officers really research exactly what it is you do? Or do they just take a wild stab at how important you are by looking at your salary?
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Nov 11, 2012 19:10
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Davethehedgehog posted:The answer as to why is a complicated one, but it's one I expect to answer many many times if/when I go down this route. I get the feeling from your (pl.) answers that you're in some way related to the process, so it's only natural you would ask, or be cynical. I don't think I bothered to mention it before, but for reference I have spent the last five+ years working in immigration firms, both business and family cases. I am not a lawyer though, basically a paralegal. I am also an immigrant myself so I've jumped through the hoops personally. quote:I'm aware the US has got it's problems, but my experience is that those problems are not totally removed from the same ones we have in the UK. They're just general life/economy problems. I'm also not exactly selling up and burning bridges here either. I've got a good grounding, and any position I moved to would likely be well paid. Ok, so you do seem to have thought this through and have legit reasons for wanting to relocate. Sorry for lumping you with the more naive crowd, I read the wrong signals from your first post. I do want to mention though, it's not just about economy and stuff (although I do recommend that you read up on US health insurance and employment law, because its very different than in the UK and many other countries). Moving this far is hard. It means leaving behind your family, friends, a lot of your network that you might not even really think about but rely on. You mentioned that you have kids - part of moving means that they will see their extended family less. Maybe you won't be able to fly back to the UK for your mate's wedding. Stuff like that is tough, and it's kind of a hidden cost. I've had a guy on the phone with us crying because his dad was dying, but if he left the US to see him it would wreck his immigration status. That is a really lovely situation to be in (although it's less likely to happen to you). I think it's easy to see the opportunities in a new place and forget about the stuff you enjoy every day. I am not anti-immigration by any means, and it's the right choice for many people. And hey, maybe I'm just projecting; I miss my family and it sucks that they get to see my son so infrequently. v  vNuclear Mage posted:My question is, how does one prove one has special skills? I work as an IT professional and am only being considered for relocation due to my experience in the company. So the basis of the L-1 is that you have a 'specialized knowledge' of the company that makes it necessary to transfer you, and would make it impossible or very difficult to hire someone locally to do the job. So what you are trying to show is that the work you do involves something - skills, tools, knowledge - that can't be readily acquired anywhere else. Most of the time this relates to things like proprietary tools or software, complicated or specific training, or internal knowledge of the company that would not be shared elsewhere. It also applies if, for instance, you are in the middle of a project and bringing someone else in would be a mess. The officer who adjudicates your case is not going to be an IT professional, and so their knowledge is going to be basically no higher than a layman. They are pretty much going to read the letters/documentation that gets submitted and decide if it sounds reasonable. Like if the letter just says 'This guy builds our website!' they might say 'Wait, lots of people build websites. Why do they need this guy to do it?'. Whereas if it says 'We use a custom-built software to maintain our website that is proprietary, and it takes six months of training for people to be competent on it, therefore we need this guy so we don't have to waste all that time' they'll probably be 'oh, ok, sounds reasonable'. If you have been developing software for this company and now you are going to New York in order to manage and troubleshoot the launch, for instance, that would probably work out. It's unlikely that they will do any outside research, and if they do it will be something like 'Google the name of this software'. They primarily rely on the documentation you submit, so its a good idea to make sure it lays out why you are really needed and why you can't be easily substituted/replaced. Salary is not really a factor in this decision (in fact, unlike H-1Bs L-1 visas do not have any wage requirements). I mean it might draw some questions if they are only paying you $20,000 a year, but 'specialized knowledge' doesn't always translate into 'fat paycheck'. For instance, I have seen L-1 applications for people who are coming in to the US to install a piece of machinery or equipment - these guys aren't highly educated or highly paid, but they are the ones who know how to unpack a widget-maker and set it up on a factory floor, and you can't just get a couple auto mechanics off craigslist to replace that.
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Nov 11, 2012 21:02
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Ashcans posted:Maybe I am misreading your tone, but your post seems pretty aggressive. Did I poop on your lawn or something? You're also strawmanning what I said pretty hard. Sorry if it made you think I was focusing on you. Ashcans posted:1. I didn't say 'Move to Canada it is amazing and better than stinky America!'. Ashcans posted:2. Yea, I guess my tone was a little flippant, but you don't think this is a valid question? And like he had said, that BS that gets posted here all the time about the tremendous chances of working everywhere within the fabulous United States of Europe is just that. It gets shot down pretty hard when you don't speak the language of the country you want to go to. And you're always going to be seen as a foreigner. Ashcans posted:3. I never said anything about there being no jobs, so I don't even know what this is. Like I said further above, this wasn't so much about what you said. It was about what gets posted generally. Ashcans posted:Do you go to a barber because you don't own a pair of scissors, or because he's a professional and might have a better grasp of hair-cutting than you? I would hope that he would apply some of that experience to questioning bad decisions and giving some advice, otherwise I might as well save my I've actually seen two schools of serving people: Some people would never question the customer's request, and some people would start a discussion to find out what's best for the customer. Neither is always right. I actually go to the barber because he is good at cutting hair, but it's also a factor for me whether or not he likes to cut hair.
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Nov 11, 2012 23:52
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Davethehedgehog posted:The particular application says "EAD Preferred". I wasn't familiar with the EAD. I've read some stuff online, but US immigration information is difficult to grasp so perhaps someone can put it into clear english? In plain English I'd say that employer practices discrimination. Unless I'm misinformed, it's illegal to prefer specific forms of work authorization over others. One of the many sites you can look up about that topic is here (just googled it): http://www.workplacefairness.org/immigrationstatus?agree=yes#9 If they did this because they don't know the rules, that's still bad because it means they're probably not going to be helpful. The most a U.S. employer can generally legally tell people upfront is that they need to be legally able to work in the U.S., but they can't post something to the effect of "We prefer people with an EAD over other people".
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Nov 12, 2012 00:08
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I'm a Canadian looking to begin a PhD in the US next fall. My girlfriend, who is also Canadian, will be coming with me, but chances are she won't have any work lined up and she won't be studying herself any more. We also aren't planning on staying more than the length of my PhD (5-6 years). We are considering getting married, but we will have neither the time nor the money to have a proper wedding before leaving next year, and so we'd rather wait if we can. Would it be better for us to get officially married? What do we need to know about immigration law?
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Nov 12, 2012 00:22
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I heard US citizens living abroad with a permanent resident or other citizenship will need to start paying income tax they earn? True, False?
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Nov 12, 2012 02:04
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lol internet. posted:I heard US citizens living abroad with a permanent resident or other citizenship will need to start paying income tax they earn? http://lmgtfy.com/?q=I+heard+US+cit...rue%2C+False%3F It has nothing to do with who you live with.
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Nov 12, 2012 02:20
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flavor posted:http://lmgtfy.com/?q=I+heard+US+cit...rue%2C+False%3F Think I might of worded that question a bit wrong. I mean they are living abroad as a permanent resident of another country or a citizen of another country. (Their status) That being said, last I heard of it was it was starting to be enforced, that those abroad who no longer make US their primary residence will still be required to file taxes yearly, etc.
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Nov 12, 2012 08:44
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lol internet. posted:might of it was it was That doesn't change anything. U.S. citizens in foreign countries need to pay U.S. taxes. However, there is an exemption if they make less than $80,000 per year (just look it up).
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Nov 12, 2012 12:27
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flavor posted:
Yes, U.S. citizenship, regardless of whether or not one has lived in the US forces one to file federal income tax (to the IRS) and declare foreign financial assets (to the US Dept of the Treasury and the IRS seperately). If you have a tangible relationship to a particular state (e.g. driver's license, voter registration) you will likely have to file state income tax. Federal income tax exempts the first $92k of your earned income from taxation in pretty much every country. Interest from bank accounts and other capital gains are not exempted. State income tax, well, varies by the state, but I've never heard of a state that lets you get away without paying their income tax on the full sum. What you mentioned about stepped-up enforcement is what I referred to above about declaring assets to the Dept of the Treasury. This is called the "FBAR." It is bullshit and duplicates the function of IRS form 8938 (FACTA), which is filed with your federal income tax at different dates and with different exchange rates to the IRS, a bureau of the Dept of the Treasury. More here
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Nov 12, 2012 17:35
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look at me i found lmgtfy
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So what's so great about replying to questions that a person is too lazy to google and that can be perfectly found an answer to if they would only bother? I'd say those warrant a lmgtfy.com 100%. How am I running something valuable into the ground? I'd rather see things in here that are "advice from the experts" questions, not "Do I need a passport to file paperwork?" level things. Come to think of it, that tax question wasn't even an immigration question.
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Nov 12, 2012 18:53
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The OP hasn't replied once to this thread made 3 months ago.
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Nov 12, 2012 19:14
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