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My Swedish husband is interviewing for a job in the US and we would like him to begin working as quickly as possible. We are currently living in Singapore. I am a US citizen and we have 3 children together, who are also US citizens. Should we apply based on our 10 marriage or apply for an O visa, since he seems to qualify for that?Thanks!Annie
Optional Information: State/Country relating to question: Massachusetts Already Tried: Nothing.
The fastest way would be the O visa because it would take 1 to 3 months or so. If you apply through your marriage, the shortest you are looking at is 6 to 9 months. There really is no reasonable way to speed that up. And no, he should not use a Visa Waiver or B-2 visa to enter because his intent is not to come and visit. His intent is to stay and he could be slapped with visa fraud if he tries to use one of those visas and they find out his true intent. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
Thanks, XXXXX XXXXX Am I correct then in assuming that he should wait until he gets the offer on paper to apply for the O visa. He still needs to go to the US for interviews, so of course we don't want him to do anything that may complicate issues.Also, does it complicate matters if we buy a house before his visa is approved or would we need to wait with that?If he fullfills the formal requirements for the O visa, is it your understanding that it would be easy to obtain it? He has won national prizes in advertizing, has a salary over 200,000 US, published material about him in a trade publication, etc.Also, does he file for the O visa or would his employer?Thanks,Annie
Forgot to ask, is it possible to expidite the O visa, if we need to?
It is possible to expedite, but not easy. Take a look at this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
The process for the O visa can be found here:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b9930b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=b9930b89284a3210VgnVCM100000b92ca60aRCRD
He has to have a firm offer.
Buying a house does not hurt the process.
If he meets the requirements, he should get it.
The petitioner employer is generally the one that files.
Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.