K1 AND DV Lottery?

[watson323 0]

My fiance and I recently sent in our K1 application. We decided to go the K1 route b/c it seemed the fastest way to end our separation and get him work authorization status. In an ideal world (if I didn't have to worry about visas and national borders), I'd spend a year or more just being engaged, and plan a big wedding in *his* country. However, if we did this, we would be 1 yr to wedding + 12-18 months k3/cr1=2-2 1/2 years apart. So hardly worth it.

However, I thought that on the off chance he entered and won the green card lottery, we'd be able to be together while planning our wedding. Can you enter the visa lottery if you have another visa application pending? Would that jeopardize our K1 app (i.e., by casting doubt on its legitimacy)?

Thanks!

[Inky 1,110]

About the Green Card Lottery: The United States Government issues 55,000 permanent resident cards (Green Cards) every year through the Diversity Immigrant Visa Program, also commonly known as the Green Card Lottery. Applicants are selected randomly by a computer-generated drawing. If selected, the main applicant, spouse, and all unmarried children under 21 years of age will have a chance to apply for permanent resident status in the United States.

It is a misconception to believe that “winning” the Green Card Lottery automatically grants the selected applicant a Green Card or United States Citizenship. There are several additional immigration forms and documents that must be submitted and approved by the U.S. government before the applicant receives permanent residence in the United States. For this reason it is recommended to order the Green Card Lottery Application Guide before submitting your application.

[SunDrop 59]

But to reply to your question, you can have both a K1 in process and apply to the DV, yes. As long as he's from a qualifying country.

[Penguin_ie 5,992]

You can apply for the lottery but it will not be any faster than the K1... if he applies now (deadline is 30th November), he won't get a lottery visa- if picked- till 2011: http://travel.state.gov/visa/immigrants/ty...types_1318.html

[Gary and Alla 3,694]

My fiance and I recently sent in our K1 application. We decided to go the K1 route b/c it seemed the fastest way to end our separation and get him work authorization status. In an ideal world (if I didn't have to worry about visas and national borders), I'd spend a year or more just being engaged, and plan a big wedding in *his* country. However, if we did this, we would be 1 yr to wedding + 12-18 months k3/cr1=2-2 1/2 years apart. So hardly worth it.

However, I thought that on the off chance he entered and won the green card lottery, we'd be able to be together while planning our wedding. Can you enter the visa lottery if you have another visa application pending? Would that jeopardize our K1 app (i.e., by casting doubt on its legitimacy)?

Thanks!

You don't mention the country your fiance is from and that can make a big difference. If it is one of the high fraud countries, yes, it can affect your K1. It can be considered a major red flag. YOU have to prove that the purpose of the K1 is not primarily for immigration benefits. When an applicant is also applying for any other way to get to the USA, what does it look like? If the consulate suspects (doesn't have to prove) that your relationship is not legitimate...no visa.

Also, I am not sure why anyone would think the K1 is the fastest way to get someone working in the USA. It is not. It may be the fastest way to get someone INTO the USA but not working. The K1 is not a work visa, it is not work authorized, any information to the contrary is wrong. After a K1 arrives, you will have to get married and file for AOS ($1010) and wait for the the EAD or green card. This will take 2-3 months after filing for AOS

From the time of filing the I-129f petition, until the time of the EAD or green card, it is easily 10 months, minimum. Guess what? A CR-1 is as fast or faster.

The K1 will get him here faster, it will make you have to provide an affidavit of support twice, it is more expensive than the CR-1 and you will have to support him on your own for, minimum, 3 months after he arrives.

The K1 is not a good choice for someone if the intending fiance will be needing to work.

[watson323 0]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

[watson323 0]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

And at any rate, the CR1 requires that we be married first! Getting married abroad takes time--and a lot more $$ than a K1. If we got married abroad, we'd want to do the whole shebang.

[PanamaJack 1]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

And at any rate, the CR1 requires that we be married first! Getting married abroad takes time--and a lot more $$ than a K1. If we got married abroad, we'd want to do the whole shebang.

I agree with you on this as Colombia and Spain are similar in what is needed to marry in these countries. After investigating all the cost and problems with marrying in Colombia I decided that the K-1 was cheaper and easier to do..I am sure you have done your homework about the requirements in Spain and decided like I have to opt for the K-1...

[SunDrop 59]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Edited November 8, 2009 by SunDrop

[watson323 0]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Thanks for the advice! He would start the process of setting up shop while here on a VWP. It's actually an internet business, which would likely be mostly run from home, although he'd have a warehouse where he'd store the product he is selling and a van for making deliveries. I *just* sent in the K1 packet this week. We would like to start selling in May or June. I'm assuming, then, that we'd want to make sure that until he got his EAD, he wasn't driving the van or visiting the warehouse.

As far as the virtual side of the business goes, what can and what can he not do?

How does the non-EAD person avoid benefitting financially when he's married to the person he's employing, their expenses are joint, accounts joint, etc.?

[milimelo 4,413]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Thanks for the advice! He would start the process of setting up shop while here on a VWP. It's actually an internet business, which would likely be mostly run from home, although he'd have a warehouse where he'd store the product he is selling and a van for making deliveries. I *just* sent in the K1 packet this week. We would like to start selling in May or June. I'm assuming, then, that we'd want to make sure that until he got his EAD, he wasn't driving the van or visiting the warehouse.

As far as the virtual side of the business goes, what can and what can he not do?

How does the non-EAD person avoid benefitting financially when he's married to the person he's employing, their expenses are joint, accounts joint, etc.?

Since he is on VWP, if he comes over to visit you in December, you could get married, file I-130 (don't forget to withdraw K-1) and have him go home until visa is processed. Would be cheaper in the long run and he'd be able to work asap. If you want a big wedding you can do that later.

[watson323 0]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Thanks for the advice! He would start the process of setting up shop while here on a VWP. It's actually an internet business, which would likely be mostly run from home, although he'd have a warehouse where he'd store the product he is selling and a van for making deliveries. I *just* sent in the K1 packet this week. We would like to start selling in May or June. I'm assuming, then, that we'd want to make sure that until he got his EAD, he wasn't driving the van or visiting the warehouse.

As far as the virtual side of the business goes, what can and what can he not do?

How does the non-EAD person avoid benefitting financially when he's married to the person he's employing, their expenses are joint, accounts joint, etc.?

Since he is on VWP, if he comes over to visit you in December, you could get married, file I-130 (don't forget to withdraw K-1) and have him go home until visa is processed. Would be cheaper in the long run and he'd be able to work asap. If you want a big wedding you can do that later.

If he goes home until the visa is processed, he can't set up the business...

[Gary and Alla 3,694]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

You need to study the immigration laws which have nothing to do with managing a business. ANyone can own and manage a business on the USA, thye do not even have to BE in the USA to do so. You think Toyota isn't managed from Japan?

He cannot be EMPLOYED, ownership is NOT employment. Return on investment is NOT wages.

[Gary and Alla 3,694]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Thanks for the advice! He would start the process of setting up shop while here on a VWP. It's actually an internet business, which would likely be mostly run from home, although he'd have a warehouse where he'd store the product he is selling and a van for making deliveries. I *just* sent in the K1 packet this week. We would like to start selling in May or June. I'm assuming, then, that we'd want to make sure that until he got his EAD, he wasn't driving the van or visiting the warehouse.

As far as the virtual side of the business goes, what can and what can he not do?

How does the non-EAD person avoid benefitting financially when he's married to the person he's employing, their expenses are joint, accounts joint, etc.?

Since he is on VWP, if he comes over to visit you in December, you could get married, file I-130 (don't forget to withdraw K-1) and have him go home until visa is processed. Would be cheaper in the long run and he'd be able to work asap. If you want a big wedding you can do that later.

If he goes home until the visa is processed, he can't set up the business...

Yes, you need to pay someone that knows what they are doing. Immigration, visas, etc. have nothing to do with setting up a business and I cannot understand how you can continually mingle them.

Foreigners set up businesses every day in the USA. Trillions of dollars in business is done by foreign compnaies. NONE of them need a finacee visa to do so!

Fiancee visas have ONE purpose, to allow your fiancee to enter the USA, get married and become a permanent resident. That is ALL. They have absolutely nothing to do with establishing a business.

[watson323 0]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Thanks for the advice! He would start the process of setting up shop while here on a VWP. It's actually an internet business, which would likely be mostly run from home, although he'd have a warehouse where he'd store the product he is selling and a van for making deliveries. I *just* sent in the K1 packet this week. We would like to start selling in May or June. I'm assuming, then, that we'd want to make sure that until he got his EAD, he wasn't driving the van or visiting the warehouse.

As far as the virtual side of the business goes, what can and what can he not do?

How does the non-EAD person avoid benefitting financially when he's married to the person he's employing, their expenses are joint, accounts joint, etc.?

Since he is on VWP, if he comes over to visit you in December, you could get married, file I-130 (don't forget to withdraw K-1) and have him go home until visa is processed. Would be cheaper in the long run and he'd be able to work asap. If you want a big wedding you can do that later.

If he goes home until the visa is processed, he can't set up the business...

Yes, you need to pay someone that knows what they are doing. Immigration, visas, etc. have nothing to do with setting up a business and I cannot understand how you can continually mingle them.

Foreigners set up businesses every day in the USA. Trillions of dollars in business is done by foreign compnaies. NONE of them need a finacee visa to do so!

Fiancee visas have ONE purpose, to allow your fiancee to enter the USA, get married and become a permanent resident. That is ALL. They have absolutely nothing to do with establishing a business.

Wow.

There's a zone of gray separating what activities constitute setting up an investment and managing a business, and well I understand perfectly well that immigration law and business law are distinct, it didn't seem like such an insane proposition that there might be other non-USC, small business owners on this site who had experience trying to advance their business (legally) while waiting for their EAD, for example, by relying on their spouses to perform certain roles.

I appreciate your input, but it does *not* have to be given so bitchily. You seem to expend a lot of energy railing at the appalling idiocy of everyone in the world who is not you.