Moving back to the US

sophie4187

Hi all,

I'm an American citizen in a same-sex relationship with an Irish citizen. I am currently living in Ireland on a working holiday visa and then we were going to apply for a de-facto visa, since it's available for same sex partners, however, the economy here is worse than it is at home. I am highly qualified and have yet to get a part-time job. My partner and I have been together 2 years and Skype dates were getting old, so we wanted to do everything the right way in order to live together, legally. We knew it wouldn't be easy but we thought we had it figured out by living here in Ireland on a de-facto.. but now, we want to go back to the US. My question is, do you think she would qualify for a H1B visa? She is a secondary teacher, a degree in education and history. I KNOW she could easily get a teaching job where my mom teaches in the US, so is this ok for her to try and apply for? I guess any advice on how we could get her to the US to live with me legally would be great. If same-sex married couples qualified for spousal visas, we would be fine, but unfortunately those aren't available yet. Can someone please help me?

silja

I don't think secondary teachers would qualify for a work visa, unless she has specialty training such (special needs, speech therapy etc).

How good a job could you get over here (USA)? Does she have any savings? One thing to maybe consider is for her to study in the USA, a Masters or doctorate of something, which would then make her more employable for a work visa when she is done. Plus if she studies for 4+ years, there is a (small) chance laws will change and same sex partners can then apply for a spousal visa, especially if Obama stays in.

sophie4187

Yes, that I was fearful of, that she wouldn't qualify. She is fluent in Irish and French, but I don't think that would help her case. She does have some savings, and I myself, would have no problem getting a job when I come back.. we both have our bachelor's degree. We want to move back where my parents are, Rogers, Arkansas but we are just having such a hard time trying to find out how to get her over there legally. She did apply for the lottery, but we won't put her getting to the US only on that.

I do hope in a few years time, we will be able to apply for spousal visa, as it has been brought up quite a few times in the past month in the high courts- one can hope right?

Thank you for the advice.. we will continue to do some searching, as a master's program would be fine but she would need a job in order to help out with the living expenses!

silja

No way, Rogers? That is where I live!!! We live in Whispering Timbers subdivision off Olive, beside Reagan Elementary.

You probably know then that your partner will face other problems in her profession, ie the "morals" clause which means she may not be able to be open about her sexuality.

sophie4187

WOW! Small world, eh? I've lived in downtown Rogers for most of my life, besides the few years we lived on Beaver Lake and Bella Vista. Love Rogers, and miss it.. thought I love it here in Ireland, which I will miss as well.

Yes, I understand about the issues with her sexuality. She is a Catholic school teacher so if anyone knew about her being gay, she would probably be fired here as well. I just need to find a way for her to get to the US legally because the economy here is even worse and we can't keep moving around. I mean, we've been in a fully committed relationship for 2 years and fit the de-facto standards here, so I don't know why the US doesn't have something like that!

Anyway, there is no place like home, so fingers crossed we find a way!

Wisco

I'd advise you contact an immigration lawyer as I think you'll probably need professional advice in your situation.
Sadly, I don't see the laws on same sex marriage changing soon, even if Obama does stay, so I'd say you'll need professional help.

Black Swan

sophie4187 wrote: »

She is a secondary teacher, a degree in education and history. I KNOW she could easily get a teaching job where my mom teaches in the US, so is this ok for her to try and apply for?

If she could prep and test for a certificate to teach either science or math, there seems to be a demand in California for teaching those two disciplines in K-12. They are laying off teachers in other disciplines, so be cautioned. Further, California is a bit more liberal than most of the 50 states, especially the San Francisco area, and now with Jerry Brown governor-elect, things should be a bit more enlightened as time progresses.

sophie4187

Thanks for the replies guys.

Anyone know of any good immigration lawyers, that specialize in this sort of thing? Especially that would help a same sex couple.

Also, would we seek advice here in Ireland or in the US when we go over in the summer?

Aprilmay

http://www.obrienandassociates.com/firm_profile.htm


These lawyers are Irish and have offices in Ireland and the US you could give them a call

InTheTrees

I think the only legal way would be to haev her studying in the US and living with you.
I suppose she could max out the tourist visa first as well.