K1 when already sponsored for an employment-based GC?

[bonzer 0]

My soon-to-be fiance is living overseas. She got a job offer from a USA employer a couple of years ago, the employer filed an I-140 petition which was approved, but since then its just been sitting at the NVC stuck in retrogression.

If I file for a K1 visa for her, could the fact that she already has an approved I-140 be a problem? Or does USCIS not care?

Thanks!

[Roy G. Biv 0]

Gosh, everyone is usually really eager to reply to posts around here. I'm betting that no one has posted anything because this is something very few people have encountered and no one has any idea what advice to give you. Your case might be so unique that you really should get a lawyer's advice. I'd be worried about violating laws and screwing up her employment visa and/or any future family related visas simply because there is a tiny 'legalese' phrase out there which is vital to your situation and that a lay person couldn't possibly know/understand. My advice: research a bunch of immigration lawyers in your area (have her check with her employer for a lawyer that they use in the US), check with other people that may have used your top two or three candidates, and choose one that really knows what they are doing.

Edited August 8, 2009 by Roy G. Biv

[Jauque 1]

To my limited knowledge there is no problem with applying for two different visa's at the same time. I would think however that applying for the K-1 would make actually receiving her employment based visa very difficult.

I don't think theres anything illegal about applying for both.

If she does receive her employment visa you can have the K-1 going through the works at the same time and then she will need to return back to her home country for the K1 visa interview.