Visa advice

As always, here are a few of our customers’ questions, answered by our counselors. All of our counselors possess many years of experience with the American immigration law and have profound knowledge of visa regulations, kept up-to-date by constant further and advanced training.

Please note that the following answers, even if they seem apply to your individual situation, do not necessarily have to be the correct answer for you. Since each situation is different, no responsibility is taken for the correctness of this information. To get information and advice for your own individual situation, please only rely on personal counsel and assistance from our experts.

The American Dream GmbH is accredited as an emigration counseling center for the for travel to the US according to German “Auswandererschutzgesetz” (emigrant protection law) and is a member of the American Chamber of Commerce.

Please let us know how we can help you. If you need counseling or an appointment, please contact us and we will assist you flexibly and as soon as possible. Any questions concerning our services and prices can be asked online anytime.

YOUR QUESTION: I would like to go to the US for 3-5 months. In the US, I will live on a horse farm and work there for food and accommodation. What type of visa do I need?

OUR ANSWER: Visas of this type will only be issued if the stay is part of an officially sponsored exchange program (J-1 visa). As far as we know this is only possible if you are a trained horse farm manager or something similar and the government recognized such a stay as part of a sponsored exchange program. To our knowledge, this is not the case. You may not work on a horse farm if you don’t have the J-1 visa we just mentioned or the H-2B visa, which are no longer available until October 2009. A tourist B-2 visa cannot be used as an alternative for a work visa. Find more information here.

YOUR QUESTION: I would like to immigrate into the US to work in my chosen profession. I work as an independent stuntman for film and television in Switzerland. I have been looking into it for a long time now, but I just can’t find out what visa would be the right one for me. Maybe establishing a business in the US or the O-1 visa (I might be able to find a sponsor)? I am already in contact with a lot of people in the US who work in the stunt business and also are in various organizations etc. What can I do?

OUR ANSWER: You could establish an enterprise in the US, but for that you would have to have a business in your home country first and transfer yourself to the US with the L-1 visa. The company in Switzerland, however, would have to remain active, not just exist on paper. Or you could invest in the US by acquiring or establishing a company, but for that your investment would have to be substantial and you would need to hire US personnel. You may obtain the O-1 visa if you find an agent or production company in the US, who will hire you (in both cases you will need some kind or work contract). It is important to first of all obtain a No Objection letter, stating that the appropriate US labor organization has no objections against your employment. For that, you will have to be one of the most important stunt men in Switzerland, have received national and international awards for your work and provide evidence that, compared to your colleagues in Europe and the US, you have exceptional skills and are highly regarded for your achievements.

YOUR QUESTION: I (US citizen) am going to marry my girlfriend soon, who is a German citizen. Since I am going to join the US army, we want to emigrate. What do I have to do to get a visa for my soon-to-be wife?

OUR ANSWER: Whether you are currently living inside or outside of the US, you, as a US citizen, will have to file an immigration petition. In case you have your permanent residence outside the US, you may even file the application with your local US immigration office, for example Frankfurt on Main. You will first have to submit form I-130, together with form G-325 A. If immigration services approves your application, your future wife will later receive an application package from national Visa Center (including form DS-230). After submitting this and one further application package, your wife will receive an interview appointment at the consulate general in Frankfurt. Prior to that, she will have to undergo a medical examination and obtain a police clearance certificate. It is very important for you to prove that as a sponsor you meet the financial requirements for your wife’s immigration (form I-854 and possibly also I-864 A).

YOUR QUESTION: I would like to attend a photo workshop in New York in February/March and maybe even travel the country after that. What do I need for the B-2 visa and how long until I receive it?

OUR ANSWER: As long as you won’t stay in the country for more than 90 days, including your travel after the workshop, you don’t need a B-2 visa, but registration with the US government’s ESTA program (find more information here). Otherwise you will have to schedule an interview appointment with the visa department of your local US consulate. There you will have to provide evidence that you are attending the workshop, but that you are not a presenter or speaker who is getting paid (for that you may have to obtain a work visa). In addition, we recommend to provide an itinerary outlining your general travel route. Proof of sufficient capital as well as close ties to Germany (a work contract or something similar) should be provided as well. How long you have to wait for the visa depends on how fast you will get an interview appointment. After the interview, you will receive your passport including your visa within one week.

YOUR QUESTION: I have an offer from a German bakery/cake shop in the US. My question concerning the visa: can I apply for it there? The employer told me I could travel on a usual tourist visa and get the real visa right there.

OUR ANSWER: The baker’s statement is incorrect: You cannot change your status in the US if you are traveling under the Visa Waiver Program, so you have to have a work visa before you leave. This could be the E-2 visa, in case the business has E-2 registration that is still valid. The E-2 visa can be issued for up to five years (please note: it will only be valid for employment in that one company). If the baker himself is an immigrant, he could try to obtain the H-2B visa for you (he cannot have E-2 registration as an immigrant). H-2B visas will available again in October 2009. For that, he would have to prove that no American citizen applied for the job or was qualified for the job (this is not necessary for the E-2 visa). After that, your employer would have to submit a petition to USCIS for you, if that is approved you could schedule an interview appointment for the H-2B work visa with the visa department of your local US consulate. The visa, which is initially issued for one year, can be extended twice for one year, the maximum validity is three years.