Changing out of R-1 Visa status to a Sponsor
Category: Relationships and Society > Government
Asked by: raredesign-ga
List Price: $10.00
17 Sep 2005 22:13 PDT
Expires: 17 Oct 2005 22:13 PDT
Question ID: 569289
Here is another of the many immigration situations. For security reasons I would rather not specify where she is from. I hope that is not a critical piece of information other than how many visas are issued per country. FiancÚ: Came here on a J-1 and at the end of the term, changed to R-1 status. I believe that is what it is; she works for a Church. Me: I was born an American Citizen, thank God. I have a friend who works as a top guy in an agency and has helped many people. I am somewhat paranoid of the situation so I wanted to be positive she will not be rejected. Supposedly, he (representing the agency) is willing to sponsor her, but we would need to change out of the status of R-1?or not? 1) Would we need to change status from R-1 to something else, or would we just fill that i-134 or whatever it is called so that the agency is her sponsor? 2) Once she is successfully sponsored and remains here, we would like to get her into school and work. She already has a partial degree and would like to finish up on her bachelors. My friend said she could probably work at the agency because she speaks 5 languages fluently. a. Can she work wherever she likes? b. Can she go to school for free if she keeps a GPA of 3.7+. 3) Once that is set and she is in school, can I marry her? a. Will she be deported for a certain length of time? b. Is it better that she not marry and just finish school, etc, and become a permanent resident? c. Is that likely to happen? 4) What problems do you see with this plan? Thank you all so very much! :-)
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Re: Changing out of R-1 Visa status to a Sponsor
From: immigrationhelp-ga on 22 Sep 2005 05:41 PDT
An R-1 visa is only available to people who are being sponsored by a NON-PROFIT RELIGIOUS Organization. If your girlfriend were to stop working for her current employer under whom she got the R-1 her R-1 becomes null and void. Changing her status is not so simple, espescially if she wants to work. If the company willing to hire her is not a religious organization AND a non-profit she cannot get a new R-1 through them. She would need a working visa. The working visas are called H-1's and unfortunately they only give out approximately 65,000 per year and all the visas for the coming fiscal year ( starting October 1, 2005) have been given out so she would be unable to get one for this year. The company willing to sponsor her could do a labor certification on her behalf but it is important to note that this does NOT grant her permission to work in the U.S. legally. This would be the first of many steps to getting her green card. The other more obvious route to take is marriage. Through marriage to a U.S. citizen she could get working papers in 4 months and a green card in approximately 1-2 years. However and I really want to stress this point. This is NOT something to undertake lightly. If you marry her and apply for her for her green card you must REALLY be living together as husband and wife and not have done this soley for immigration purposes. If at the interview the immigration officer does not believe you she can deny your case on the spot. If you are not prepared for the necessities of a marriage case, living together, joint bank accounts, etc. I would suggest that you find an alternative route. It seems to me that you are reluctant to choose marriage and with good cause. I SUGGEST that she remain in her current position under her R-1 visa until such a time as you decide marriage is the option.
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