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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12303
Experience:  Write FOR JAMES to get my help!
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I am dating an Australian Citizen, who comes to the US on A

Customer Question

Customer: I am dating an Australian Citizen, who comes to the US on A VWP. He would like to be able to work in the US, but not change his citizenship. He is an extremely talented individual in the taxidermy arena and the sculpting world too. He does have the means to support himself as do I have the means to support him. We would like to get married. He wants to be self sufficient first.
JA: Thanks. Can you give me any more details about your issue?
Customer: How can we get a work visa and tax identification number for him?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: I can wait, been waiting for 2 years...
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: The only way he can get a work visa is if he first leaves the US, has an employer files a petition to sponsor him, and, based on the approved petition, applies for an employment based visa.

The type of visa depends on his education and experience, and the type of employment he will be undertaking.

If he gets married to you, however, he can apply for adjustment of status and employment authorization. He should be approved for employment authorization within 3 months, which will allow him to work while his adjustment of status is pending. If the adjustment of status is approved, then he will be issued a green card as a permanent resident. As such, he is expected to live and work in the US permanently. He is not required to apply for citizenship at any point in the future.

Customer: replied 1 year ago.
James, unfortunately the application for adjustment of status authorization within 3 months is faults hope, as I have other friends in the same situation, they got married, have shelled out thousands of dollars & are still fighting to just extend his visa stay time. In addition 3 months for an approved adjustment status & green card is in accurate information as it takes years...
Expert:  Expert James replied 1 year ago.

Are you not a US citizen?

Customer: replied 1 year ago.
I am, born & raised!
Expert:  Expert James replied 1 year ago.

So everything I told you is accurate.

First, I never said the adjustment of status would take 3 months. I said he would get employment authorization within 3 months. The adjustment of status process for the spouse of a US citizen takes about 9 months from beginning to end.

Second, I don't know who your "friends" are or what their status in the US is, but they do not know what they are talking about if they told you that the spouse of a US citizen takes years to get a green card through adjustment of status. You future husband would be an immediate relative of a US citizen. He is therefore immediately eligible to adjust his status to get a green card. You and he just need to file for it and wait about 9 months for it to process. In the mean time, he also files the I – 765 application for employment authorization. Again, it takes three months for that to be processed and for him to get permission to work legally. Trust me, I know what I am doing. I have been doing immigration law for more than 10 years. Your friends have not been.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.