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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109304
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a Filipino friend who has worked in Dubai (UAE) for

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I have a Filipino friend who has worked in Dubai (UAE) for the past 4 years. I really would like to bring her to the united states, possibly as a care giver for myself. I am a senior citizen. Is this possible? How long would the process take?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

Would you be able to prove that there are no qualified U.S. workers that can do that job? Would you be able to prove that she would not be taking a job from a U.S. worker?
Customer: replied 4 years ago.

What a question! No sir I could not prove that there is no US worker who could not do this job. I am exceptionally hesitant to have a stranger living with me. I have know my friend for 8 years.

I apologize. It wasn't that I was trying to be mean or anything, but I can tell you from experience that USCIS will not be nice about these things. They have been tasked with enforcing the immigration laws and many of them are made specifically to protect the U.S. worker against foreign labor. IF you were successful, you would have to pay your friend the same wage as anyone else that did that same job. Would you be able to afford that? I do want to help and I will give you the solution, but the solution is expensive and has no guarantee either, but it is there. It does exist.
Customer: replied 4 years ago.

ok, lets go another direction. Could I sponsor this person assuming full responsibility for them, let them seek employment.

Do you plan to marry?
Customer: replied 4 years ago.

that is a possibility. could I bring her here for a certain time period before making the decision?

Yes. Pretty much 90 days. Even if more than 90 days pass, you can still marry her and she can get Lawful Permanent Residency, but until you marry her, she would be subject to deportation and she can ONLY marry you. She could not marry anyone else to be able to stay and she wouldn't even be able to stay if she had U.S. Citizen children. That's a dangerous situation for you because she would be in her best bahavior until she got her green card. So you have to be careful. Listen, I will give you information on the H-2B visa that you can look over. For an H-2B worker visa, it is expensive and difficult to get because you, the employer, would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because you have a job for her. This is to prove that she would not be taking a job away from a U.S. worker. Here is a link:

If you want to try the marriage route, then there are 3 ways to bring her and none are very fast, unfortunately:

1) The K-1 fiancee visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After she enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and she will have to wait about 5 to 7 months and gets another interview that you attend with her so that she can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.

Here is a link to all three:


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