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Q: Changing out of R-1 Visa status to a Sponsor ( No Answer,   1 Comment )
Question  
Subject: Changing out of R-1 Visa status to a Sponsor
Category: Relationships and Society > Government
Asked by: raredesign-ga
List Price: $10.00
Posted: 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! :-)

Clarification of Question by raredesign-ga on 22 Sep 2005 07:14 PDT
Thank you for the comment. I do, however, already understand R-1, F-1,
H-1, Q, J-1 etc. My friend is going through the marriage deal and his
wife had to leave the country and now he is trying to get her back
here sooner than two years. If they deny the waiver on the form, that
is what happens, so it is not that easy to get married either.

I was not questioning about H-1 status or getting a visa by way of "hire".
What I was refering to about a sponsor was the Form I-134, Affidavit
of Support. Anyone can file for that, and not only that, but an
"Agency" is going to file for it. I just wondered if even though it is
an Agency that deals with immigration, if there is a known problem in
general that would hinder a transfer from R-1 to sponsor.

Marriage is a sacred thing, and I would not do it to keep her here. I
would rather marry her, when our minds are clear.

Thank you again for the reply. I hope this clarification helps, but
for the initial question, please refer to my first post.
Answer  
There is no answer at this time.

Comments  
Subject: 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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