Auckland to America

[jim66]

Hi, My partner and I want to move to the States for a few years or so and are just looking for some advice. My partner was born in Florida and holds an American and NZ passport, I however only hold a NZ passport. We have been together for nearly 9 years but are not married. What are the options available for us?
Separate to this is employment, I am an Electrician working in the Building Controls field (currently for Siemens), and my qualifications are via an apprenticeship and experience. And my partner is a Web Developer with a Bachelors degree obtained in NZ. How easy is work to come across in our respective fields (assuming moving is possible).
Any other advice would be greatly appreciated.

[Bevdeforges]

Hi and welcome to the forum.

If you scan through some of the other messages here on the board, you're going to see right away that having an American "partner" isn't going to give you any advantage at all in the visa sweepstakes. The US recognizes only heterosexual married couples (or those about to marry if you want to do a "fiancé" visa).

Unfortunately, most forms of working visas require specialty training (preferably in something not generally available in the US) and/or a bachelor's degree (i.e. university level degree) at a minimum.

As for your partner's chances - there are lots of other web designers out there looking for work, however as an American citizen, she's certainly free to move back to the US and start job hunting. Or she could always just set up her own business.

Unless someone comes up with a better option, your best bet is probably to let her go over first and get established (or see what her job prospects are) and then for you to follow on a fiancé visa - which means you'd have to get married within 90 days of entering the country. It would mean a separation of "several" months - possibly a year or more - since she would have to be in a position to "petition" on your behalf (i.e. to sponsor your visa application) before you could apply for a visa.
Cheers,
Bev

[jim66]

I was under the impression that using the fiance visa we could move together and get married in the US. And then we would be free to look for work. I guess what you are saying is that if we used this method I would be unable to work until a visa was processed for me?
Thanks for you help,
Jim

[Bevdeforges]

Actually, what I'm saying is that she has to be established in the US in order to petition for a fiancé visa for you (i.e. have a job or some other means of supporting herself and you, plus have a place to live). It might be possible for you to move over together if she gets a job and finds a place to live in the US before you move - but that's not easy to do, at least not without at least one trip back for job and house hunting.

You wouldn't be able to work right away - I think you have to enter the US on the fiancé visa and then you can apply for the work permit (which shouldn't take long to get). It's only at that point that you can start looking for work.

I am told that if you get married overseas and then apply for a spousal visa, the American spouse will have to show that she is "committed" to returning to the US (i.e. has a job and a place to live already established) before they will accept the visa application. That may have changed, but I do know you'll run into difficulties if you get married just before applying for a visa - the immigration people are a notorious skeptical lot.
Cheers,
Bev

[Fatbrit]

Originally Posted by Bevdeforges

Actually, what I'm saying is that she has to be established in the US in order to petition for a fiancé visa for you (i.e. have a job or some other means of supporting herself and you, plus have a place to live). It might be possible for you to move over together if she gets a job and finds a place to live in the US before you move - but that's not easy to do, at least not without at least one trip back for job and house hunting.

You wouldn't be able to work right away - I think you have to enter the US on the fiancé visa and then you can apply for the work permit (which shouldn't take long to get). It's only at that point that you can start looking for work.

I am told that if you get married overseas and then apply for a spousal visa, the American spouse will have to show that she is "committed" to returning to the US (i.e. has a job and a place to live already established) before they will accept the visa application. That may have changed, but I do know you'll run into difficulties if you get married just before applying for a visa - the immigration people are a notorious skeptical lot.
Cheers,
Bev

Intention to move is usually sufficient, but this varies with Consulates. If USC is not US resident, it's usually easiest to get over the "public charge" hurdle with capital. You'll need 3 x 125% of the Poverty Guidelines for your family size. Without this capital, the USC may well have to establish themselves first to provide an acceptable wage

Personally, I'd marry in NZ and then apply directly for an immigrant visa. At all costs avoid the K3. That way you will hit the ground running with a green card, albeit a conditional one.

[synthia]

Also, you write that you just want to go to the US for a few years or so. That might be a problem re the 'committed to return to the US' aspect.

I've met a lot of people who have married, thinking that would make it easier to get their spouse into the US permanently, and it has taken a couple of years to get them in. Of course you have been together for a while, and won't have trouble with the hurdles like the amount of time you have known each other and other such things.

If getting into the US is the only reason you would think about getting married, you probably shouldn't.

[Fatbrit]

Originally Posted by synthia

and it has taken a couple of years to get them in.

Shouldn't take more than a year (and probably shorter) unless there are skeletons in the closet.