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  • How to sponsor Vietnamese girlfriend?

    I am a US citizen. I would like to find out the best and fastest way to bring my Vietnamese girlfriend to the US. She is currently on a student visa in Spain finishing her studies in March. What are the best options? H1B, H3, J1, K1, K3 visas? Does she have to go back to Vietnam to apply or can she do it in Spain? My uncle has a company that could possibly sponsor her but I am not sure how long an H1B visa takes and if there are limitations with a lottery or Vietnamese quota. So I wanted to see if there were better options out there such as fiance/spouse visas or other visas I am not aware of. I hear that a fiance visa takes 7 months or more which is quite long.
    I would like to see the pros and cons. Thank you for your feedback.

  • #2
    I am a US citizen. I would like to find out the best and fastest way to bring my Vietnamese girlfriend to the US. She is currently on a student visa in Spain finishing her studies in March. What are the best options? H1B, H3, J1, K1, K3 visas? Does she have to go back to Vietnam to apply or can she do it in Spain? My uncle has a company that could possibly sponsor her but I am not sure how long an H1B visa takes and if there are limitations with a lottery or Vietnamese quota. So I wanted to see if there were better options out there such as fiance/spouse visas or other visas I am not aware of. I hear that a fiance visa takes 7 months or more which is quite long.
    I would like to see the pros and cons. Thank you for your feedback.

    Comment


    • #3
      Do you plan on marrying her within the 90 days if you bring her in on a fiance visa?

      Or are you just asking for a legal way for her to come to usa " just so that she is able to be here"?

      Comment


      • #4
        Depends on what studies she is finishing right
        now

        USCIS Reaches H-2B Visa Cap for Second Half of Fiscal Year 2008

        and

        The H-1B visa allows foreign workers to enter the US and work in a variety of fields ranging from architecture and engineering to health and medicine. The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration.


        In order to qualify for H-1B classification, the applicant must have at least a US bachelor's degree or its equivalent AND the job sought must require at least a bachelor's degree or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the US.

        for more info .. go to www.uscis.gov

        my advice for now don't get married for green card purpose and regret it later

        Comment


        • #5
          To bring your girfeiend to US, you can apply for K-1 visa for her to get into US to get married.

          H-1B is NOT a good choice for this situation as mentioned by "speed_025" in previous email!

          The K-1 visa, also known as the fiancé(e) visa, is used by United States citizens who wish to bring their prospective spouse to the United States with the intention of getting married.

          The visa application procedures and policies followed by U.S. consular posts vary depending on the local conditions and requirements.

          After an alien fiancé(e) has obtained a K-1 visa and entered the U.S., the alien fiancé(e) must get married to the U.S. citizen who petitioned for him/her within 90 days of admission. After marriage, the alien fiancé(e) becomes the spouse.

          She or he may file an immigration petition and adjustment of status application to become a permanent resident. The U.S. citizen spouse must complete and submit the Affidavit of Support with the alien spouse's application for permanent resident.

          Please also see:
          www.greencardfamily.com/k1visa/k1visa_whatis.htm
          www.greencardfamily.com/k1visa.htm

          Comment


          • #6
            You do realize that Vietnamese killed 50,000 Americans in the 1970's??

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">how long an H1B visa takes and if there are limitations with </div></BLOCKQUOTE>

              Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:

              365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
              365 days or more have passed since the filing of an EB immigrant petition.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                ... The H-1/2 is for work and school, ... </div></BLOCKQUOTE>

                No offense meant, if nothing else, just suggesting to be accurate, especially that this info is read not just by the OP but by site visitors the world over.

                H-1B, H-1C, H-2A, H-2B, & H-3 (as well as L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S or Q-1) are all nonimmigrant work visa categories and the USCIS form used in filing for any of this is Form I-129.

                While F and M visas are for school, and the relevant form used for the application is Form I-539.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
                  ... 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, ... </div></BLOCKQUOTE>

                  speed_025: everything you said is correct, except just to put it in proper perspective, since March 28, 2005, ETA Form 750 has been replaced by ETA Form 9089 when PERM was implemented sunsetting the Traditional Laborcert & RIR processes.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by TP33:
                    I am a US citizen. I would like to find out the best and fastest way to bring my Vietnamese girlfriend to the US. She is currently on a student visa in Spain finishing her studies in March. What are the best options? H1B, H3, J1, K1, K3 visas? Does she have to go back to Vietnam to apply or can she do it in Spain? My uncle has a company that could possibly sponsor her but I am not sure how long an H1B visa takes and if there are limitations with a lottery or Vietnamese quota. So I wanted to see if there were better options out there such as fiance/spouse visas or other visas I am not aware of. I hear that a fiance visa takes 7 months or more which is quite long.
                    I would like to see the pros and cons. Thank you for your feedback. </div></BLOCKQUOTE>
                    RN and Speedy have given good advice. For the H visa, it is too late to apply since the numbers have already been reached.

                    It is possible for K-1 or K-3 if you really believe this girl is for you. However, if a major university is near you, and it has an advance degree program that she is interested in, then the J visa might be the best alternative. The only trick with the J visa is that her family or her government needs to support her, not you necessarily. Counselor and/or immigration would not look at that at a favorable light. Nevertheless, her intent is going to get an advanced degree not marrying you for the time being anyway.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                      He should check her background. Find out if she is VC or not. </div></BLOCKQUOTE>
                      Davdah,
                      No matter which visa is used, she will need to get a police document showing the US embassy if she has any criminal post.

                      As for VC, they are no longer relevant in this day and age. This is not 1972 and Vietnam has changed so much I don't think you will ever completely understand.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        The final "Rambo" is coming out tomorrow; you should take your VC girlfriend to see that.

                        Here is the new Rambo trailer. Johnny is taking care of those slimy VC as usual.

                        http://youtube.com/watch?v=8M1KiXWWTxg

                        GOD BLESS AMERICA AND RAMBO !!!

                        Comment


                        • #13
                          My intention is to bring her to the US so we can live together and find out if we should get married. Applying for a Fiance visa now and getting married within 3 months of her US entry is a bit rushed since we have known each other for a year only. It would be the last option if there is no better alternative. But I want to explore all other options before I make a decision.
                          She is completing a Bachelor's degree in business so she would qualify for H1B.
                          Hudson, you said that it was too late to apply for H1 because the numbers had already been reached... That was my concern but I am still unclear. Maybe you can clarify. I thought that a new H1 cycle starts every year on April 1st. The quotas are reached by the first week but if you submit your H1 application on the 1st or 2nd of April then you have a good chance. Is that accurate? I also hear that there is a lottery now to get your H1B application submitted since so many people apply. Is that true? How long does the H1B process take nowadays?
                          If we apply for K1, who processes it and how long does it take? Is it the US consulate in Spain, the US consulate in Vietnam or the Immigration office in the US?
                          Can she come with a tourist visa for 3 or 6 months and apply for a Fiance or H1B visa while she is in the US? Or does she have to leave the US first before applying? Thanks.

                          Comment


                          • #14
                            You have to apply for a VC1 visa

                            Comment


                            • #15
                              Hi TP33....

                              You're right its very sensible that you and your GF won't rush into a marriage. The K1 visa is not just a visa it goes with a commitment.

                              That's why I tried to tell you about the H1B you said you have an uncle that can sponsor her.

                              It's about min of six months for the processing.
                              Yes for 2008 they already reach the quoata...
                              Applications for 2009 starts this April so I heard.She can starts prepairing all the necessary documents requirements.

                              Yes she can also try visitor visa ...depends upon the immigration on the fort of entry how many months they will allow her to stay.Yes, you can also file the H1B visa while she's here on a visitors visa. But You can also File H1B. while she's in vietnam.

                              Im not too familiar with vietnam or what's thier quota... but maybe you can check on your search tool " US Embassy in Vietnam"

                              My advice is for you to consult an immigration lawyer..they are more experience and know all the possible options available for your girlfriend. Right now they have fixed rate and you can arrange payment by instalment.A lawyer will walk you through out your case.

                              goodluck to you both

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