Is it possible to enter on a K-1 Visa and start working on O-1

[Opera 0]

Dear people,

so here is our "challenge" (I'm trying to avoid the word problem).

My U.S. citizen fiancee and I (German) just got approval (April 16) for our I-129f Fiance petition from the California Service Center in Laguna Niguel and we are expecting my K1 interview appointment at the US Embassy in Frankfurt sometime begin June.

At the same time I got a job offer from a big American opera company who offered to file an O-1 petition for me after signing the contract on May 9. The job starts mid September.

Now I'm totally confused: am I allowed to enter the US on a K1-Visa and still start working on an O-1, or do I have to wait for the EAD? Also, should we withdraw our K-1 - petition and go for the O-1? Get married later on and then apply for K-3? Or apply for AOS and the Green Card through my O-1 at some point?

Because even if I would come back right away after my interview I'm afraid that the EAD might not be issued in time to start working. So better choose the "safe" O-1? And how does a K-1 withdrawal affect my O-1 Visa application in return? In terms of immigration intent (K-1) and non-immmigration work visa (O-1, though dual intent)?

We greatly appreciate your response. Maybe someone is or was in a simular situation.

Thanks,

Daniel Witzke

Edited April 25, 2012 by Opera

[Opera 0]

Dear people,

I need to find out, if I can hold two US visas at the same time. In my case K-1 and O-1. Will i get in trouble at the POE? Or do I simply have to choose on which Visa i want to enter? If I go for the O-1 will the K-1 become null and void?

Appreciate your help.

Best

Daniel

Edited April 25, 2012 by Opera

[jhm3 15]

I don't know much about O-1 visas, but from a quick Google search it *appears* that O-1 is one of the relatively few nonimmigrant visa categories that actually allows for dual intent, meaning that the holder of such a visa is not required to demonstrate that he does not intend to immigrate to the US in the future and that he/she would be allowed to pursue permanent residency without potentially facing questions about his/her intent at the time of admission. You might want to look into that possibility further, because if that's the case, you don't need to bother with a K-1 visa; you could just adjust from the O-1 without any red flags being raised about questions of intent.

See:

"The doctrine of dual intent appears to be recognized for O-1 aliens, at least under the INS regulations."

http://www.americanlaw.com/dintent.html

"Importantly, holders of O-1 visas are now allowed to seek permanent resident status without violation of the dual intent immigration guidelines."

http://knowledgebase.findlaw.com/kb/2011/Jul/340844.html

"O-1 visas allow for “dual intent,” meaning that you may apply for permanent residency without jeopardizing your eligibility for the O-1 visa."

http://www.greencardlawyers.com/workvisas/O-1visa.html

[jaycali 415]

You can hold two visas at the same time, but only one status. Meaning you can enter on K-1, but then you cannot use your O-1 visa for any immigration purpose. Similarly, you could enter on O-1, but not with the sole intention of marrying and adjusting status. For O-1 though, this might not really be a big issue since O-1 is considered dual intent.

To switch between two visa statuses you have to leave the US and re-enter, as visa status is given upon entry.

Edited April 25, 2012 by jaejayC

[C-ma'am 684]

Friendly bump

I'm totally clueless on how this will work, but I'm sure someone will be able to give you the proper information

[Penguin_ie 5,993]

You can't have two visas at the same time, and as far as I know the O visa is not dual intent (ie you won't get it if you have immigrant intent, which you clearly have), thus you are unlikely to get it.

I think your best bet, assuming you are right with the June interview, is to hop on a plane asap when you get the visa, get married immediately and file AOS immediately after that (you can always do the big reception/ religious ceremony later). That gives you 3 months to get EAD, which should be possible.

[pushbrk 12,824]

You can't have two visas at the same time, and as far as I know the O visa is not dual intent (ie you won't get it if you have immigrant intent, which you clearly have), thus you are unlikely to get it.

I think your best bet, assuming you are right with the June interview, is to hop on a plane asap when you get the visa, get married immediately and file AOS immediately after that (you can always do the big reception/ religious ceremony later). That gives you 3 months to get EAD, which should be possible.

The above is correct. Skip the O visa. Maybe the opera company will be willing to pay your Adjustment of Status filing fee.

[Opera 0]

Thank you very much guys. Appreciate it.

[Opera 0]

That was very helpful. Thank you so much guys.