My girlfriend is coming to the US on a tourist visa from the Philippines. We want to be married when gets here. She has training and a certificate in the home health care industry. How can we proceed with the success of her staying in the country? ...

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My girlfriend is coming to the US on a tourist visa from the Philippines. We want to be married when gets here. She has training and a certificate in the home health care industry. How can we proceed with the success of her staying in the country?

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DakotaLegal's picture

 

 
 
There are at least two major issues we can talk about, in terms of moving beyond the tourist visa she’ll be using at first. First, the fiancée rules, and second the immigration policy aimed at getting needed health care workers into the United States. The trouble is that the process seems to be slowing down, and less than honest brokers promise more and more “successful Visas.” http://newamericamedia.org/2010/06/filipina-nurses-see-long-visa-delays-despite-nursing-shortage.php. So be careful of paying fees for promises to “cut the red tape.” Instead, begin by preparing your application materials for at least the following two Visas:
 
Fiancée Visa Rules: K1 Visa
 
It used to be much easier to get a fiancée to come to the United States, until the old INS changed the way it tested the reality of a marriage. A place to begin, to see if you two are eligible… http://www.state.gov/documents/organization/82063.pdf.
 
Anyone who is anticipating a divorce (they’re currently married) is not eligible. Having a police record will greatly delay processing. The most important factor is normally the ability to show financial support. The would-be husband applies here in the US (http://travel.state.gov/visa/immigrants/types/types_1315.html), and then that I-129F form is sent to our Philippine Embassy (or consulate, depending on the woman’s island). It’s not at all uncommon for the Consulate to send a Request for Evidence form. One area of common concern is proof of health (communicable diseases such as TB or mental health conditions can prevent approval). Once your fiancée has been approved to come and before 90 days pass, the marriage can be performed. The K1 is expires after 90 days.
 
 
Health Care WorkerVisas
 
Your fiancée could become one of thousands of accepted visa applicants coming from the Philippines this year. The high-priority health areas now covered by the H1 Visa are: The following health care professionals who are not U.S. citizens and are seeking occupational visas to work in the United States:


  • Registered nurses

  • Physical therapists

  • Occupational therapists

  • Physician assistants

  • Audiologists


  • Clinical laboratory technicians (Medical technicians)

  • Clinical laboratory scientists (i.e., medical lab technologists)

  • Speech language/pathologists

  • Licensed, Practical and Vocational Nurses

 
Still, even though there are thousands of success stories in this area of immigration law, it is also one of the more complicated areas of Green Cards. Part of this is because there are frequent changes to the H1-A and H1-B (for a sub-specialty). Visa programs change rules, often owing to labor conditions (too many or too few applicants). There has to be a labor certification, so having an intended employer can also help. Some medical care organizations study current nursing and its needs: http://www.futurehealth.ucsf.edu/Content/29/2008-06_Californias_Nursing_Labor_Force_Demand_Supply_and_Shortages.pdf
 
Another issue: English-Speaking and California State Laws
 
There is an English-speaking or learning requirement in the law, to make sure health standards are met. English is so common in the Philippines that most Philippine health care workers easily meet the English requirement. Besides English, Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act also requires many health care workers to complete a screening program, before they can receive either a permanent or temporary occupational visa:

  • A full testing of an applicant’s prior education, to guarantee that it’s equal to that of a U.S.-based student in the same profession.

  • Written proof that all professional health care licenses that an applicant ever held are “valid and without restriction(s).”

  • Where necessary, English language ability.

  • Last, if your fiancée is a registered nurse, proof that she passed either the CGFNS Qualifying Exam or the NCLEX-RN (which is the same thing as the California State Board Test Pool Exam).

If you are going to rely on the health care visa, then there are things to know about California state licensing laws, too. This creates kind of an overlap between the regular immigration visas (remember, that’s federal law) and the ability to actually work in one state (in this case, California).
 
Finally, it still makes sense to enter the Diversity Visa (the US Visa lottery) for a Green Card. Interestingly enough, applications have decreased for entry into the 50,000 annual Visas: here’s that site with deadline information… http://www.usagreencardlottery.org/.

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DakotaLegal's picture

 

 
 
There are at least two major issues we can talk about, in terms of moving beyond the tourist visa she’ll be using at first. First, the fiancée rules, and second the immigration policy aimed at getting needed health care workers into the United States. The trouble is that the process seems to be slowing down, and less than honest brokers promise more and more “successful Visas.” http://newamericamedia.org/2010/06/filipina-nurses-see-long-visa-delays-despite-nursing-shortage.php. So be careful of paying fees for promises to “cut the red tape.” Instead, begin by preparing your application materials for at least the following two Visas:
 
Fiancée Visa Rules: K1 Visa
 
It used to be much easier to get a fiancée to come to the United States, until the old INS changed the way it tested the reality of a marriage. A place to begin, to see if you two are eligible… http://www.state.gov/documents/organization/82063.pdf.
 
Anyone who is anticipating a divorce (they’re currently married) is not eligible. Having a police record will greatly delay processing. The most important factor is normally the ability to show financial support. The would-be husband applies here in the US (http://travel.state.gov/visa/immigrants/types/types_1315.html), and then that I-129F form is sent to our Philippine Embassy (or consulate, depending on the woman’s island). It’s not at all uncommon for the Consulate to send a Request for Evidence form. One area of common concern is proof of health (communicable diseases such as TB or mental health conditions can prevent approval). Once your fiancée has been approved to come and before 90 days pass, the marriage can be performed. The K1 is expires after 90 days.
 
 
Health Care WorkerVisas
 
Your fiancée could become one of thousands of accepted visa applicants coming from the Philippines this year. The high-priority health areas now covered by the H1 Visa are: The following health care professionals who are not U.S. citizens and are seeking occupational visas to work in the United States:


  • Registered nurses

  • Physical therapists

  • Occupational therapists

  • Physician assistants

  • Audiologists


  • Clinical laboratory technicians (Medical technicians)

  • Clinical laboratory scientists (i.e., medical lab technologists)

  • Speech language/pathologists

  • Licensed, Practical and Vocational Nurses

 
Still, even though there are thousands of success stories in this area of immigration law, it is also one of the more complicated areas of Green Cards. Part of this is because there are frequent changes to the H1-A and H1-B (for a sub-specialty). Visa programs change rules, often owing to labor conditions (too many or too few applicants). There has to be a labor certification, so having an intended employer can also help. Some medical care organizations study current nursing and its needs: http://www.futurehealth.ucsf.edu/Content/29/2008-06_Californias_Nursing_Labor_Force_Demand_Supply_and_Shortages.pdf
 
Another issue: English-Speaking and California State Laws
 
There is an English-speaking or learning requirement in the law, to make sure health standards are met. English is so common in the Philippines that most Philippine health care workers easily meet the English requirement. Besides English, Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act also requires many health care workers to complete a screening program, before they can receive either a permanent or temporary occupational visa:

  • A full testing of an applicant’s prior education, to guarantee that it’s equal to that of a U.S.-based student in the same profession.

  • Written proof that all professional health care licenses that an applicant ever held are “valid and without restriction(s).”

  • Where necessary, English language ability.

  • Last, if your fiancée is a registered nurse, proof that she passed either the CGFNS Qualifying Exam or the NCLEX-RN (which is the same thing as the California State Board Test Pool Exam).

If you are going to rely on the health care visa, then there are things to know about California state licensing laws, too. This creates kind of an overlap between the regular immigration visas (remember, that’s federal law) and the ability to actually work in one state (in this case, California).
 
Finally, it still makes sense to enter the Diversity Visa (the US Visa lottery) for a Green Card. Interestingly enough, applications have decreased for entry into the 50,000 annual Visas: here’s that site with deadline information… http://www.usagreencardlottery.org/.