Does anyone have knowledge, advice or experience to share?

[Noriko010884]

My partner is an American citizen and we'd both like for me to join her in the states, but I don't know what Visa application form to request to apply for a green card. I can't apply for immigration through family as the Defence of Marriage Act means same sex marriage is not accepted. I cannot apply for immigration under employment as I work in retail, so I'm not a field of work that would allow for that option (, although I'm very much interested in an apprenticeship to become a mechanic for my partner's aunt). I'm not seeking asylum either, I just want to be able to share my life with my partner and I simply cannot see what would be accepted for my immigration application.

Does anyone here have any knowledge or suggestions or could anyone point me in the right direction maybe?

Sorry for the heavy/serious thread by the way.

[blueheaven]

You should try and get a hold of Beta member Cutiebunny. She works for customs if I am not mistaken, and could probably give you the best advice regarding the process. Best of luck to you. I really hope it all works out.

Here is probably the best way to contact her.

http://cutiebunny.rubberslug.com/gallery/feedback.asp

[Cloud]

I will mention that to my botmaster.

[cutiebunny]

My partner is an American citizen and we'd both like for me to join her in the states, but I don't know what Visa application form to request to apply for a green card. I can't apply for immigration through family as the Defence of Marriage Act means same sex marriage is not accepted. I cannot apply for immigration under employment as I work in retail, so I'm not a field of work that would allow for that option (, although I'm very much interested in an apprenticeship to become a mechanic for my partner's aunt). I'm not seeking asylum either, I just want to be able to share my life with my partner and I simply cannot see what would be accepted for my immigration application.

Does anyone here have any knowledge or suggestions or could anyone point me in the right direction maybe?

Sorry for the heavy/serious thread by the way.

Not a problem.

There are several different types of marriage visas however all of them can not be used for same sex marriage. Because the United States has yet to recognize same sex marriages as a 'marriage' and immigration does abide by federal law, regardless of whether or not your state permits it, you won't get a finacee/spouse visa because federal law does not.

But, there are other types of visas around...

If your significant other has relatives in the United States, they can file a family based petition for her. The relative that files has to be either a Legal Permanent Resident(green card holder) or a US Citizen, or, her parents have to be legally here as asylees or refugees and your SO has to be under 21.

Family based petitions, depending on the nationality of the SO, can take quite a long time. In some countries, such as the Philippines, if the petition is initiated in the US by a LPR, depending on the relationship to the individual, it can take up to 20 years. Every so often, the US embassy updates the list. Those that applied on or before the date will have their applications accepted. In other countries, like the UK, the wait time is less than a year. The wait time depends on how many people apply for family based immigrant visas every year.

There are also visas for people who choose to invest in the US, however, in order to qualify, you have to put up about $500,000 minimum in order to do so. There are also visas for registered nurses.

If none of these can be done, every year the US gives out 50,000 visas around the world. It's known as the Diversity Visa(DV) and is given out by lottery. You apply at the US Embassy and they let you know if your number is accepted. If you are, you pay the standard fees and you're given a DV visa.

Overseas, you can apply for refugee status. There are some countries where the liklihood of receiving refugee status is about 0. In the US though, you can apply for asylum, but, depending on the port and country of origin, the chances of you getting this can be close to nil as well.

The best option, in my opinion, would be for your partner to get a visitor visa. This visa will allow her into the country for up to 6 months, HOWEVER, I strongly caution you not to abuse this feature. Your partner can not work here on this visa. Your partner can not attend school in the US while here on the visitor visa. Depending on the conditions, you can file an extension of status and be granted up to a full year in the US. I caution you against filing for an extension of status though. When we officers see things like that, it only spells out 'inadmissibility'. Additionally, should your partner exhibit a continuous pattern of visiting the US for 6 months and exhibiting a pattern of spending more time in the US than in her home country, she will be caught. Most ports are not lenient with these people and will kick them out on the next flight(in some cases, this means they stay in service custody for a minimum of a day). Depending on the officer, though, there may be an additional penalty - a bar from re-entry for 5 years. This means that even though you might have an immigrant visa in the works somewhere, you now have added 5 additional years to the wait time, regardless of the country she's in.

If you choose to go to the visitor visa route, please make sure to not abuse it.

[Noriko010884]

Thank you for all your help in the matter. I'm from the UK, she's the US citizen.

Makes things a bit difficult because as I said in my post and as you've clearly stated, due to the DOMA same sex marriages dont have the equal rights and opportunities as heterosexual marriages. The problem is, with what you've said it looks like I can only hope that this gets overturned and that the US treats it as the true marriage that it is. (Or "will be" in our case.)

I'm 23 so my ship has sailed from the family port. And as for the investment option, even if I saved all the money I've ever earned I wouldn't have $500,000, so that's a no go.

I did check out the Diversity Visa Lottery but read somewhere that GB isn't eligible, even though a woman I worked with won a few years ago.
I'll keep checking the USCIS website and www.state.gov to learn more about it, but thanks to you I will also see about contacting the US Embassy next week and learn what I can from there.

The visitor visa isn't a permanent solution, which is really what we're looking for. I'm visiting her for just over a week and a half in October, but I can't think of any job that will allow me to have more than 6weeks off in a year and that will pay well enough to support us and allow me to contribute to the house all on say six months wages.

I'll keep you posted on any developments.

Thank you so much for taking the time to read and post, all of you!

Stace

[Xelloss]

I'm by no means an expert, but I've had several friends come over to the US from other countries on student visas, and after college were able to get jobs here and their companies handled the work visas. I don't know if the work visas depended on the student visa, or what requirements/restrictions apply... but maybe there are other options out there?

- Karen

[cutiebunny]

I'm by no means an expert, but I've had several friends come over to the US from other countries on student visas, and after college were able to get jobs here and their companies handled the work visas. I don't know if the work visas depended on the student visa, or what requirements/restrictions apply... but maybe there are other options out there?

- Karen

Depending on the skill you graduate with, it's pretty simple to find a company that would be willing to file for you. The problem is that you basically have to run through a lot of hoops to get there.

International students basically pay out of state fees. These can really add up on you. Even if a student can show that they've resided in the US during the last year, because you aren't recognized as a legal resident of the US, for the duration of your education, you'll be paying out of state fees. These can really add up. Some schools charge about 3x the amount that in-state students would get. So, a year for an in-state student would run at $15K while an international student would pay $50K for it. Some international students do receive scholarships, but this is few and far between.

After that, you have the 1 yr optional pratical training - meaning that, you're technically an intern and you receive intern-like pay despite doing the normal job.

A lot of companies that do sponsor people really shaft them. There's a computer technology firm called Foxcomm that petitions pc engineers up the wazoo from Taiwan, China, etc. The only problem is that Foxcomm requires its workers to work the weekends and pays them about $40K/year for doing so. That might not sound like to bad of a pay, but a pc engineer, depending on their certifications, could earn 100K+ a year in some firms. And in areas like San Francisco where rent/gas/food prices are high, 40K doesn't last long. In effect, work visas or firms that will petition you are more like a legal form of servitide - you are required to work for that firm for x amount of years(generally 4 in the case of the H1Bs) for 2-3x less as you would have received if you were legally present in the US.

[kittens]

I'm by no means an expert, but I've had several friends come over to the US from other countries on student visas, and after college were able to get jobs here and their companies handled the work visas. I don't know if the work visas depended on the student visa, or what requirements/restrictions apply... but maybe there are other options out there?

- Karen

Depending on the skill you graduate with, it's pretty simple to find a company that would be willing to file for you. The problem is that you basically have to run through a lot of hoops to get there.

I have a green card. I could get thru my job (they offered me) but I got it thru my marriage. One of my colleagues gets a greencard (he is a german) thru his job, but both of us are faculties in a university.....

Like CB said there are so many obsticals you have to go through if you decide getting a greencard from your skill. Going to school is usally VERY expensive. I went to UC Berkeley for undergrad and even though UC Berkeley is public school the tuition for me was super expensive! When I started going to a graduate school (UC Davis) then actually my life got a bit easier in terms of finance b/c math department supported me financially. BUT it was not easy at all......

I think it is do-able but it will take a lot of time and also a lot of $$$..... (and patient etc etc).

[Noriko010884]

Well I'll speak to my better half and go over everything that you've all been so kind to share. I really appreciate all the contributions to this thread. On my current wage I dont even earn half the amount required to cover state fees.

Why can't I just win the lottery?.. Ok so I dont actually play, that's not the point.

I am very interested in learning a trade, most likely as a mechanic, or maybe plumbing. If I were to study, I mean do an apprenticeship here in the UK, then after two years gain my qualifications could I apply for a work visa? I know they welcome people with trades into Australia, or at least they did in the past.

I can't be a firefighter because I have partial hearing loss in both ears so that dream got crushed, and I was really interested in becoming a tattoo artist as my aunt's partner owns a parlour and he'd be willing to show me the ropes and let me use his designs to work of my techniques and he'd train me up.. I'm still tempted, but that wouldn't be an occupation that could allow a work visa is it?

Again, thank you to all who have contributed so far. I was actually feeling really disheartened earlier in the week so thank you for raising my level of optimism again.

Oh, and who should I write to to request they go over and re-evaluate the DOMA/same-sex marriage laws? Would a petition help encourage them to re-think the rules?

[blueheaven]

Oh, and who should I write to to request they go over and re-evaluate the DOMA/same-sex marriage laws? Would a petition help encourage them to re-think the rules?

No, you just need to wait for a bunch of old men in congress to die.

[ZombieBunny]

Oh, and who should I write to to request they go over and re-evaluate the DOMA/same-sex marriage laws? Would a petition help encourage them to re-think the rules?

No, you just need to wait for a bunch of old men in congress to die.

[iwakuralain16]

Oh, and who should I write to to request they go over and re-evaluate the DOMA/same-sex marriage laws? Would a petition help encourage them to re-think the rules?

No, you just need to wait for a bunch of old men in congress to die.

HAHAHA true that!

[kittens]

I am very interested in learning a trade, most likely as a mechanic, or maybe plumbing. If I were to study, I mean do an apprenticeship here in the UK, then after two years gain my qualifications could I apply for a work visa? I know they welcome people with trades into Australia, or at least they did in the past.

I think the easiest way to get a greencard thru a job is to have some certain degree. I know it is a piece of paper but this is the easiest b/c a company can see easily what you have.

I have been a forign student for a long time so I know how difficult it is. If you have a student visa you cannot work anywhere and usually not so many places willing to offer you a green card (almost 0). I do really think that to get a greencard in the US is VERY hard..... I became worthy for a university to give me a greencard, it took me total of 8 years (4 years of undergraduate work, 1 year of master and 3 years of PhD).

Your situation is very unfortunate and I feel so bad for you..... But I am curious if there is any possibility that your partner goes to the UK and get a permanent regidency? I don't know any other countries but I am curious.......

[Noriko010884]

She could! Civil Partnership (same-sex marriage) is recognised here so I could apply for her to join me here in England. The thing is she wants to remain in the states, and I want her to be happy so I have no problem with that, but I didn't realise just how difficult it was to apply for and be granted a green card.
The thing is she just got the keys to this house on Sunday and she loves the house and we can get it for allot lower than market value as she's buying from a relative, so it's a bargain. If we're both working and contributing then it's possible that we could pay for the house within ten years. It could be eight even. Here in the UK, well, we'd be lucky to get on the property ladder. If we took out a mortgage we'd be looking at having that hanging over our heads for at least the next 25 years, but what's the point in renting as in the end it's only going to cost more.

My gf is working on the house this week, cleaning and repairing and she's really working hard on it, so I wont see her until the weekend. On the weekend I'll probably give her the link to this thread and we'll talk about our future and our options and the longevity of old men in the states in the hope that laws will change sooner rather than later. ^_^

[Cloud]

Under what circumstances?