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At a loss

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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BrettA
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Joined: Tue Oct 30, 2007 12:43 am

At a loss

Post by BrettA » Tue Oct 30, 2007 12:49 am

Hey,

I have lived in the United States for eleven years now, my family and I moved from Canada when I was thirteen. I am currently here on a student visa and am concerned about whats going to happen after said visa expires (3 months time). I've grown up here and wish to continue on as any normal citizen, but Im not. I have a few questions that I really hope someone can help me with answering. Firstly, I have a few options when it comes to immigrating. My girlfriend and I are very close and have talked about marriage as an option a few times. My aunt is currently here in the US with a green card. Aside from those two options, are there any methods of migrating to the US that may have escaped me and my searching (I won't lie, those forms are all jumble to me). Secondly, does the time that I have already lived within the US account for anything (11 legal years). The reason that I was never given a green card under my parents visa was that my mother's company messed around a good deal and never saw her visa application completed. I really appreciate any help that can be offered and I am very much looking foward to any help in this situation.

Thanks in advance,
Brett

Edit: Also, both a friend of my aunts and my girlfriend's father own their own company and are both willing to sponsor me that way. My questions there are, what are the catches with that?

Marco 72
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Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: At a loss

Post by Marco 72 » Tue Oct 30, 2007 8:51 am

BrettA wrote:My girlfriend and I are very close and have talked about marriage as an option a few times.
That would be the easiest option by far.
BrettA wrote:My aunt is currently here in the US with a green card.
That's not an option, I'm afraid.
BrettA wrote:Secondly, does the time that I have already lived within the US account for anything (11 legal years).
I'm afraid it doesn't.
BrettA wrote:Edit: Also, both a friend of my aunts and my girlfriend's father own their own company and are both willing to sponsor me that way. My questions there are, what are the catches with that?
What are (or will be) your educational qualifications?

BrettA
Newly Registered
Posts: 6
Joined: Tue Oct 30, 2007 12:43 am

Post by BrettA » Tue Oct 30, 2007 11:30 am

Marco,

Thank you very much for the speedy reply. Unfortunately for me, its not even remotely close to being in either of those fields. It would probably be best to go through with the wedding before my student visa expires, right? That way I don't have to return to Canada until everything clears, or am I wrong? My aunt went through that very same process with her current husband, so I dont believe a lawyer would be needed. Unless of course both my girlfriend and I being students open a few extra doors. She does work, but it isn't what most Americans would call average wages. We live on her parent's property in our 1500sqft apartment (right by the lake, lots of fishing <3) with next to no rent. Her income and what I'm able to scrounge up cover our needs entirely. I guess what I'm trying to ask is, Will her income close any doors?

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Wed Oct 31, 2007 5:54 pm

Your girlfriend will need to either earn 125% of the poverty line (see herefor the figures) or get someone else to act as a co-sponsor. Currently the poverty line for all US states except Alaska and Hawaii is $13,690, so she would need to make at least $17,112 per year or have additional assets to qualify by herself.

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: At a loss

Post by JAJ » Thu Nov 01, 2007 2:12 am

BrettA wrote:Hey,

I have lived in the United States for eleven years now, my family and I moved from Canada when I was thirteen. I am currently here on a student visa and am concerned about whats going to happen after said visa expires (3 months time). I've grown up here and wish to continue on as any normal citizen, but Im not. I have a few questions that I really hope someone can help me with answering. Firstly, I have a few options when it comes to immigrating. My girlfriend and I are very close and have talked about marriage as an option a few times. My aunt is currently here in the US with a green card. Aside from those two options, are there any methods of migrating to the US that may have escaped me and my searching (I won't lie, those forms are all jumble to me). Secondly, does the time that I have already lived within the US account for anything (11 legal years). The reason that I was never given a green card under my parents visa was that my mother's company messed around a good deal and never saw her visa application completed. I really appreciate any help that can be offered and I am very much looking foward to any help in this situation.

Thanks in advance,
Are your parents still in the U.S.? If so, are they U.S. citizens?

And are you a Canadian citizen?

BrettA
Newly Registered
Posts: 6
Joined: Tue Oct 30, 2007 12:43 am

Post by BrettA » Thu Nov 01, 2007 1:08 pm

I'm a Canadian citizen and my parents do not live in the United States.

Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Thu Nov 01, 2007 1:45 pm

BrettA wrote:I'm a Canadian citizen and my parents do not live in the United States.
Then you might qualify for a TN visa before you get married. See here or here.

BrettA
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Joined: Tue Oct 30, 2007 12:43 am

Post by BrettA » Thu Nov 01, 2007 2:52 pm

Thanks for the links Marco. I'm not sure if I qualify for any of those jobs though, my studies weren't in any of those fields. Do you think that experience alone could possible replace that requirement?

BrettA
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Post by BrettA » Thu Nov 01, 2007 3:00 pm

Also, I was looking around on those websites you linked me to Marco and stumbled upon the "Extraordinary Ability" visa. So lets say that I excelled as no one had in the past as a warehouse manager, yet the only experience I had was volunteering for my girlfriend's father. Do you think that would qualify for that particular visa? :shock:

Marco 72
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Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Thu Nov 01, 2007 3:27 pm

You don't need extraordinary ability for a TN1 visa. Perhaps you were reading about H1B? What are or will be your educational qualifications when you finish studying?

H1B is for skilled professions, not for jobs like warehouse manager.

BrettA
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Post by BrettA » Thu Nov 01, 2007 3:35 pm

I will have a minor in education. I would have finished it out and gotten my four year but the department at my school wrecked me. I had teachers grading me poorly because I was a male entering their profession. Of course they'll never admit to it, but I know its what they were doing.

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