[Closed] US Visa Question

It depends on the Visa he is getting.

Depending on the Visa getting married may allow your daughter to move with him and get a work permit. Or it may not.

What is certain is if they are not married she won't be accompanying him regardless of visa type.

So you need to find out what the Visa is he will be going to the states on.

Thanks Freester, that is very direct and to the point. I take it that you have direct experience of this?

It's pretty complex and tough....

Two of my good friends are married ... she is born and raised in the US and pretty well connected and he is French but they had to jump through hoops for his paperwork.  This involved them spending specific time in specific places... Just to give perspective of my friends family are lawyers... they followed everything to the book, she is a US citizen and it was still hard but possible.

I could find out more details but as Freester says ... his visa type itself will also play a part so not directly relevant except to say you gotta follow the rules to the letter.

Thanks Freester, that is very direct and to the point. I take it that you have direct experience of this?

I do but it's a bit out of date. I worked in the US for a year nearly 20 years ago. I was young free and single so I wasn't too bothered but the visa I went out on would allow me to take a married partner but not for them to work. After I returned the terms of the visa I had travelled on changed and a married partner was allowed a work permit.

But basically without getting married it's unlikely your daughter will get any leave to stay. If they are married staying resident is likely possible, working permit harder but all visa dependent.

Once you know the visa type it's not hard to google and find out what's allowed / not from a spouse point of view.

https://uk.usembassy.gov/visas/visa-directory/

Thanks again! Very useful. Cheers Steve too.

Once you know what kind of visa let me know I can probably help.

US doesn't recognize common law like Canada for one thing which makes it more challenging.

As the others said all depends on the visa he gets typically L1 or H-1B or B-1 (typically...). If they do get married she can apply for a derivative visa but she won't be allowed to work. She will need to apply for the appropriate work visa herself.

Alternately she can apply for a B2 visa or if eligible for the VWP. The US can be a right pita when it comes to this.

L2 which is the spouse visa for someone on L1 does allow the spouse to apply for a work permit once in the US. May take some time though. L1 is only for intra-company transferrees and usually of management / executive positions.

There was a documentary about this a while ago

A good friend moved out to America for work a few years ago, and had to get married so his girlfriend/wife could come with him. She subsequently applied for, and got, a work visa, but this still took a while, and lots of hoop jumping.

According to my mate, if they hadn't of got married, she would have only been able to get a temporary tourist visa. He works as an aircraft engineer for ba, so a decent job, that they're desperate to fill, and she's degree level educated, but immigration were still a bit of a pain.

L2 which is the spouse visa for someone on L1 does allow the spouse to apply for a work permit once in the US. May take some time though. L1 is only for intra-company transferrees and usually of management / executive positions.

L1-A is for management types (or anyone with reports or budget control) and has a 7 year duration with renewals

L1-B is for specialist knowledge (anyone else really) and has a 5 year duration with renewals

Could be O visa as well as the rest mentioned. In any event I believe unless it is L then working won't be on the cards for the spouse BUT student visa (F-Type) could work out. Also if a qualification is obtained this looks better than saying I sat at home in another country for 5 years...