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Discussion Starter · #1 ·
Hi All,

Story is - known someone for a long time (over 12 years), stuff happens, we grow close, i go to the US to visit her and for us to confirm if we're ready to pursue this (i just came back a couple weeks ago), we're now a couple - or as much as you can be when i'm in AUS and she's in the USA. She is career, living arrangement and financially better placed than i am here, so the decision is for me to move there.

Now, i need to work out how.

I don't have any particularly special work skills - i work as a Business Analyst but i don't have any formal qualification for it, my qualifications are certifications for Information Technology and IT Service Management and i worked up from the bottom to where i am now.

Marriage has been discussed and we're both ready to pursue that as an option.


From the questions sticky post up top:
* Are you married to or considering marrying a US citizen, a permenant resident, or someone on a non-immigrant visa? It's an endgame goal, yes - be it shorter or longer term.

* Do you work in your home country a high-or medium-level position for a multinational employer with offices in the US? I'm a business analyst for a multinational company, so yes and no.

* Are you an Australian citizen? Yes


What i'm trying to work out is:

- Is there a non-immigrant VISA for me to actually find/do the kind of work i can do?
- Can i apply for that, get it, then look for work, or am i forced to go to an employer and hope they'll sponsor me?
- If i get one, Could i then modify that to an immigrant down the line - say, via marriage?

I seem to only get more confused by this the more i look.

If we go with the marriage option:
- Can i go there, marry her, then look for work?
- Can i look for work before then?
- Do i need to leave the US again after we marry?

We know what we want to ultimately do - ending one way or another with us married and living in the US, but i can't figure out where to even start.

Any insight would be very helpful and appreciated.
 

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Go to the site travel.state.gov and work your way through "employment AUS citizen", "fiancé" and "spouse". Then determine which way suits your individual circumstances best.
 

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If your lady has a good job and can financially sponsor you, fiance visa would be the way to go.
It entitles you to find work as soon as you land in the USA.
The USCIS website will tell you all you need to know.
 

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- As you work for a multi-national company with offices in the US you have the option of being able to be transferred to the US on an L-1A or L-1B visa. Your company would need to sponsor you for this.

- If not able to get transferred then, in order to work in the US YOU would need to find a job where the prospective employer is willing to sponsor you for a work visa. The job itself would have to qualify for sponsoring of a work visa. Hence most work visas are obtained by people in jobs which are in demand: IT, Technology, Finance, Engineering etc. You can switch from a work visa to a spouse visa.

- If not able to get work visa, then getting married is a third option.
You either apply for a fiance visa, where you enter the US, get married and then adjust status to permanent resident. Green card takes about 90 days to obtain following marriage - no work until you get your Employment Authorisation Document.

OR

You get married- anywhere - and then apply for a spouse visa. Upon obtaining the spouse visa you enter the UK and get permanent residency immediately, so you can start working straight away. If you marry in the States, YOU then have to leave and apply for the spouse visa from Australia.

In either Fiance or Spouse visa your 'partner' has to sponsor you and there are financial requirements.

Both Fiance and Spouse routes take about 8 to 10 months to process.

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents

- As you are an Aussie you have the advantage of being eligible for the E-3 visa.

https://www.uscis.gov/working-unite...-specialty-occupation-professionals-australia
 
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Discussion Starter · #5 ·
Thanks all, really appreciate the responses. I intend to speak with an immigration lawyer at this point to help with the actual process i think, but now i have some idea of where i stand. You have been very helpful!

Will speak to my boss and if that comes up empty, look at this E-3 Visa. I didn't know it existed... If i can meet all the requirements that may just work, as i've seen several job postings on LinkedIn that match my skillset well.

Odd follow-up question - would it be illegal if i worked remotely for my current Australian employer while in America? (Assuming i was on the fiance visa, waiting for my residency/EAD) i'd feel like a burden being unable to generate an income, even if it's financially viable for her to do so. I suspect it probably is...
 

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Work is considered delivering products/services for compensation. You find the official verbiage on the site of IRS.gov. It is a big no without appropriate visa.

Unless you have skeletons in the closet there is no need for an attorney. My suggestion is CR1 spousal visa. Straight forward and no loose ends. You receive the Green Card stamp at point of entry. Done. E3 you have to find an employer then adjust status.
 

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To phrase it slightly differently, you are considered to be working in whatever country you are physically located in whilst doing the work. It matters not where your employer or customers are located. So, working remotely from the US is working IN the US and thus not allowed unless you have a work permit or a visa that allows you to work in the US.
Cheers,
Bev
 

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...... and you don't wait in the States while your fiance visa is being processed - you wait in Australia.

You can visit the States while the visa is being processed - as it will take 8 to 10 months you cannot remain in the States during this time.
 
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