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Unread 08-28-2007, 10:32 AM
 
Location: Raleigh, NC
253 posts, read 377,713 times
Reputation: 80
Default Visa Question

Hi Guys

apologies if this post is in the wrong place - I've had a look but could not find anywhere else to put it!

As you may have seen from my other post, my fiance and I may be relocating to RTP (from the UK) early next year.

However, it seems that because we are not married, and will not be by the time we relocate, my fiance cannot get a visa that will allow her to work.

Surely this cannot be right? We have been together for 7 years, and living together for 2. She will be moving because my employer is transferring me, but I do not like the idea that she will not be able to gain employment simply because we are not officially married?

Has anyone got any experience of this challenge? Is there any way around this?

Thanks
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Unread 08-28-2007, 10:39 AM
 
3,021 posts, read 6,277,894 times
Reputation: 1516
BGrant, that sounds about right to me. Because there is no legal bond between you and your fiancee, she is considered a seperate individual and she needs to have her own, individual reason for entering the US. It would be a lot easier if you two quickly eloped before you moved here. You can still have the big wedding later if your heart is set on it. That's what my husband and I did.
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Unread 08-28-2007, 10:44 AM
 
Location: Chapel Hill
1,246 posts, read 2,495,359 times
Reputation: 303
We eloped too! I am English and my husband is American and we had the option of either eloping or me leaving the country and re-applying for a visa to come back here. Eloping was so much easier. Plus it would have been a logistical nightmare arranging a wedding that would have pleased relatives on both sides of the Atlantic.
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Unread 08-28-2007, 11:07 AM
 
7,793 posts, read 12,028,019 times
Reputation: 2394
Go to Vegas.

We did in 1970 and were married within 1 hour including getting the license.

Still married. Celebrating 37th tomorrow.
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Unread 08-28-2007, 11:11 AM
 
321 posts, read 776,125 times
Reputation: 127
I am English too. Your fiance will have to get a visa in her own right; ie find a job and apply for her own work visa. The other thing, which my Husband had to do, is she comes on a 3 month visa waiver, finds a job while here and then goes back to England while the visa is processed. Again though, this involves her obtaining her own visa. In fact, even if you were married, I am assuming you are getting an H1B visa...if so, as a spouse she would not be able to work (unless they have changed this recently).
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Unread 08-28-2007, 11:13 AM
 
321 posts, read 776,125 times
Reputation: 127
I see people suggesting getting married but that may still not solve your employment issue. Check which visa you will be on and what rights the spouse would have before making a decision to marry quickly. Many spouse visas (H1B, F1 etc) do not allow spouse to work, only come here and live with you.
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Unread 08-28-2007, 11:15 AM
 
Location: Raleigh, NC
253 posts, read 377,713 times
Reputation: 80
Thanks for getting back to me! One thing I should have made clear is that we are both English, so we'd have to get married in the UK!

The problem with her coming backwards and forwards is that we will be renting out our UK property, so she won't have a place to stay when she comes back to the UK, which could take a while if she is getting a new visa processed.

Why is this so difficult!
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Unread 08-28-2007, 11:26 AM
 
3,021 posts, read 6,277,894 times
Reputation: 1516
BGrant, I feel for you! It's harder and harder to understand the intricacies of the visa program in the US. Have you spoken to an immigration lawyer yet? That would help you enormously.
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Unread 08-28-2007, 11:34 AM
 
Location: Knoxville Metro, TN
3,085 posts, read 5,369,176 times
Reputation: 2967
Quote:
It's harder and harder to understand the intricacies of the visa program in the US
Part of that is because of what happened 6 years ago next month. Liz
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Unread 08-28-2007, 11:40 AM
 
3,021 posts, read 6,277,894 times
Reputation: 1516
Quote:
Originally Posted by southernlady5464 View Post
Part of that is because of what happened 6 years ago next month. Liz
Exactly, Liz. There's a reason why the office of US Citizenship & Immigration Services is part of the Department of Homeland Security.
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