K1 or Enter country on a work visa

[trentl1 0]

Hi All,

My fiancé and I are about to begin the process to apply for a K-1 visa, but she recently found out she may have a job offer to teach at a University this fall. With this new information we are unsure as to whether we should continue to file for the K-1 or not.

If we file for K-1, will this affect her ability to obtain a work visa if she should end up accepting the job?

Or is it possible to cancel the K-1 visa process and try for a work visa?

Any feedback would be greatly appreciated.

Thanks, Trent

[ThaitoUSA 15]

Depends upon intent to immigrate whether you should continue with K-1 or wait for a work visa. If she intends to come and work as a non-immigrant resident then return to her home country, the work visa is best. If she intends to immigrate to America, then the K-1 is best.

Always possible to withdraw the petition for K-1 visa, but am unsure of whether its submission would complicate a concurrent petition for work visa.

[Harpa Timsah 13,258]

You need to find out which work visa it is. If it is a dual intent one, then absolutely go for work visa.

[Boiler 45,402]

Ditto the above

[ThaitoUSA 15]

Excellent point that I overlooked. I presumed it would be a J-1 exchange professor visa, while the H1B visa would allow for change of status to permanent resident. It seems that the next logical step would be to contact the university to find out.

[Haarp425 26]

Hi All,

My fiancé and I are about to begin the process to apply for a K-1 visa, but she recently found out she may have a job offer to teach at a University this fall. With this new information we are unsure as to whether we should continue to file for the K-1 or not.

If we file for K-1, will this affect her ability to obtain a work visa if she should end up accepting the job?

Or is it possible to cancel the K-1 visa process and try for a work visa?

Any feedback would be greatly appreciated.

Thanks, Trent

Check what visa she is going to get through the University petition. There might be a contract on how long your fiance has to work with the University for a specific salary. Verify how long it takes to get her visa through University once they sumbit their petition for your fiance. If your fiance is getting an H1 visa, current processing time to become a GC for those professional jobs is currently processing 2005 Priority Date. Now, once your fiance is here in the USA, there is no stopping you from marrying your fiance and AOS through you as a spouse. Even if your marry your fiance and AOS through you, your fiance might still have to honor the contract with the University.

With K1 visa, it might take an average of 6-10 months to get a K1 visa stammp.

[trentl1 0]

Hi Everyone,

Sorry for the super late reply. I hope everyone is doing well.

We began compiling the papers for our I129F application followed by a visit from my parents.

I appreciate everyones help advice and information.

Warmest Regards, Trent