K-1 and other visa confusion

[cclear10 0]

I am writing to gain insight about how best to proceed with marrying my foreign fiancé. We have been together since Nov of 2008 and recently got engaged. I should also mention that he currently lives in Canada (although he is not Canadian) maintaining a post-doctoral position at the University of Guelph. Alternatively, I (US citizen) live in Washington State. I have read about obtaining a K-1 visa, and somewhat am aware of how to proceed in this process. However, recently my fiancé was offered a job interview at the University of Florida. He is currently in the process of obtaining a business visa to attend this interview. As such, if he chooses to take this position, as I understand it, the university will then serve as his host for a B-1 visa (work visa). In this instance, as I understand it, a K-1 visa would not be needed because he is already here. Additionally, as I understand it, it’s not illegal to get married with a B-1 visa. Yet at the same time, I also have gotten the impression that it can be perceived as suspicious by immigration officials. Unlike the K-1 which explicitly states the intention of visa. However, because it is possible that he may take the position in Florida, we also concerned about beginning the application process for a K-1 visa and then potentially a B-1 visa shortly thereafter. At this point we are uncertain as to how to best proceed with appropriate visas given our circumstances. If you could provide any assistance it would be greatly appreciated.

[Audy_Rob 26]

While the B-1 visa is appropriate for the interview, it does not sound like it is appropriate for actual work in which he is earning a salary (which is my assumption about the position in the US).

I believe from your description of his education and potential US employment he would most likely need an H-1B or possibly a J-1. The J-1 is less likely depending on Nationality of your fiance and the Florida position's responsibilities.

With an H-1B it should be a fairly simple matter to marry and then have him Adjust Status but you must be very careful to document his road into the US while it is not clear he immigrated to marry you rather than work, there could be some confusion.

While most people at VJ advise against seeing or using lawyers for simple form filing and interview procedures you are entering muddied waters and might want to search for a competent lawyer to discuss the matter.

More information after the job interview might also be helpful.

[cclear10 0]

Hello!

Thank you for your response. My mistake. In my head I was thinking H-1B but apparently writing B-1. Thank you for helping me clarify that. As you pointed out, it is indeed muddied waters with respect to some confusion, so I intend to speak with a lawyer.I appreciate your response and it has enabled me think more clearly about specific questions that I would like to consult with a lawyer about.

While the B-1 visa is appropriate for the interview, it does not sound like it is appropriate for actual work in which he is earning a salary (which is my assumption about the position in the US).

I believe from your description of his education and potential US employment he would most likely need an H-1B or possibly a J-1. The J-1 is less likely depending on Nationality of your fiance and the Florida position's responsibilities.

With an H-1B it should be a fairly simple matter to marry and then have him Adjust Status but you must be very careful to document his road into the US while it is not clear he immigrated to marry you rather than work, there could be some confusion.

While most people at VJ advise against seeing or using lawyers for simple form filing and interview procedures you are entering muddied waters and might want to search for a competent lawyer to discuss the matter.

More information after the job interview might also be helpful.