questions about visas and criminal backgrounds (no convictions).

Hi there, I tried to sign up for an account but I can't seem to log on under my user name...anyway, I have a few questions.

I recently got back from America where I was staying with my girlfriend. I got offered a sponsorship working for a multi media (film and video company). After looking at all the options I have come to the conclusion that the best way to go about this would be to file for an I-140 which I have been told can take from 6-9 months to be procesesed. However I did find out that I can stay in the country while the I-140 goes through by staying there on an I-129 (H-3) trainee visa. My future employer doesn't qualify for the I-129w exemption form.

However, when it came time for me to leave I handed the employer the forms and he said he wants to consult a lawyer before he goes through with the sponsorship, which brings me to my first question...Is this normal procedure ?

My other question is that with an I-140 does your degree have to be really relevant to the business you are working in. My degree is in 'Fine Art (Sound and Image)' which is relevant training, but it's not required to work in that area, there are various degrees that can qualify you for multi media. ie to become a doctor you need to go to medical school etc...To work in multi media you could have studied Art, Graphics, Animation, Website design, etc...or not even been to college at all.

My other question is...On the I-129 (H-3 trainee option) It says: 'Is this type of training available in the applicants home country?'. Why does it ask this ? If similar training IS available in my own country then does this jeapordise my chances ?

O.K. my other question may be less complicated. I had a criminal background check done on me and although I have No convictions I have had 2 reprimand/warning/cautions. One was in 1993, the other was in 1998. They are both drug offences for a tiny amount of cannabis (hey I was an art student . In America would this be considered a more serious offence ? And more importantly, does this affect my chances ? these cautions are not criminal records, and will be wiped entirely in a year...so I have been told. If only I could turn back the clock. Anyway....

My solution would be to get married instead, which honestly IS my intention in the long run, I just want to do it the right way infront of my girlfriends family, and make sure that I can have a career first and be able to support her and her two kids. But then again...Could this drug thing still affect me coming in on a Marriage visa ?

Thats all for now, any help would be very appreciated. thanks for listening.

Hi there, I tried to sign up for an account but I can't seem to log on under my user name...anyway, I have a few questions.

I recently got back from America where I was staying with my girlfriend. I got offered a sponsorship working for a multi media (film and video company). After looking at all the options I have come to the conclusion that the best way to go about this would be to file for an I-140 which I have been told can take from 6-9 months to be procesesed. However I did find out that I can stay in the country while the I-140 goes through by staying there on an I-129 (H-3) trainee visa. My future employer doesn't qualify for the I-129w exemption form.

However, when it came time for me to leave I handed the employer the forms and he said he wants to consult a lawyer before he goes through with the sponsorship, which brings me to my first question...Is this normal procedure ?

My other question is that with an I-140 does your degree have to be really relevant to the business you are working in. My degree is in 'Fine Art (Sound and Image)' which is relevant training, but it's not required to work in that area, there are various degrees that can qualify you for multi media. ie to become a doctor you need to go to medical school etc...To work in multi media you could have studied Art, Graphics, Animation, Website design, etc...or not even been to college at all.

My other question is...On the I-129 (H-3 trainee option) It says: 'Is this type of training available in the applicants home country?'. Why does it ask this ? If similar training IS available in my own country then does this jeapordise my chances ?

O.K. my other question may be less complicated. I had a criminal background check done on me and although I have No convictions I have had 2 reprimand/warning/cautions. One was in 1993, the other was in 1998. They are both drug offences for a tiny amount of cannabis (hey I was an art student . In America would this be considered a more serious offence ? And more importantly, does this affect my chances ? these cautions are not criminal records, and will be wiped entirely in a year...so I have been told. If only I could turn back the clock. Anyway....

My solution would be to get married instead, which honestly IS my intention in the long run, I just want to do it the right way infront of my girlfriends family, and make sure that I can have a career first and be able to support her and her two kids. But then again...Could this drug thing still affect me coming in on a Marriage visa ?

Thats all for now, any help would be very appreciated. thanks for listening.

Your boss's desire to consult an attorney is not unusual; it shows that he (she) wants to do things right.
As far as the H3 goes, yes, it has to be demonstrated to a)INS and later b) the consular officer that this training is not available in your country. It also must be training and not just thinly disguised work. But an H3 applicant (you) has to overcome the presumption of intending immigration in order to qualify for an H3. That should be challenging. Why? Because you just came back from some number of weeks or months visiting your girlfriend, must not have a job that you had to leave to do this, have to explain how this training is not available in your country (which would then open the door to the question of---if there is no training, then where is the future job going to be? Because if there was a job somewhere in your country, the training would be available there) and that you would return to your country instead of staying and adjusting status somehow at the conclusion of this "training."
Here is a statistic for you: each year about 66000 H3 petitions can be authorized; only about 5% are ever issued, most are denied for the reasons above. Also, of the approximate 3500 H3's issued, less than 3% of those ever return to their country of residence; the rest adjust status to H1b (or something else) or get married or disappear.
Embassies know this and therefore I imagine that people asking for an H3 get closely scrutinized during their interview (with good reason).

Thanks Anon.

After reading your reply I have a few other questions....You said :

'Because you just came back from some number of weeks or months visiting your girlfriend, must not have a job that you had to leave to do this.'

Well this line of work I do in my home country is on a freelance basis. In america it could be freelance or permanent employment. Do you know if that would that help me out there ?

You also said: ' have to explain how this training is not available in your country (which would then open the door to the question of---if there is no training, then where is the future job going to be? Because if there was a job somewhere in your country, the training would be available there) and that you would return to your country instead of staying and adjusting status somehow at the conclusion of this "training." '

My whole intention is to stay in the states. After the training is over the employer would be giving me a job by sponsoring me on an I-140. The part of the I-129 (H-3) that states this also says something along the lines of...'how will this benefit the candidate finding work abroad ?'...I take it this means how would the training benefit me with regards to working in America. Well if I said that the training helps me in regards to finding contacts, learning the trade, and being able to break into the film industry (the reason I went to college), as England does not have as many oppurtunities, would that qualify me ?

Once I become a resident I also intend to use trust money that I was awarded last year to start my own business over there. Working in that studio would definently benefit me in that respect.

I do have another question though. If I attempt to become a permanent resident this way, and I am rejected, then can I then re-apply with the intent to get married ? and return on a marriage visa ? Or do I only get one shot at this ?

Also...If I return on a waiver (I am thinking of taking a trip to an INS office while I am there) can I then apply for the marriage visa...get married within the 90 days and be able to stay ? and find work ? Without having to return home ?

Thanks again for listening.

Come on...Is there no one who can help with my questions ? pzl ?

Stevie, I don't know about the rest but you can come in on a waiver and get married. There is no time limit to get married *however* entering the country knowing you are going to get married is illegal. You could go the fiance visa route which would give you 90 to get married once you are here. It'll take time but it's really the safest way to go if you guys are ready to get married.

[E.]

these are good questions