Could we marry and file for an I-130 if I were to travel to the US on a work visa?

[guinness1969 0]

Firstly...Hi everyone and the best of luck to you all! (This is my first post so please excuse me if I don't make very much sense)

I met my fiancee on-line last year (She lives in the US and I live in the UK) and have traveled to the US four times to spend time with her and her family and she has traveled to the UK to be with me and to meet my unruly bunch. Now it's time for us to be together-permanently please God!

Thing is-we are both unbelievably impatient (an unfortunate quality considering the journey that we are about to embark on I know) and, like everyone else here I'm sure, are trying to find the quickest way of being together possible.

So can anyone please tell me if it would be possible for me to transfer my job to the US, obtaining the necessary work visa (a H-1 I think it is) beforehand, and then for us to marry and apply for an I-130/K3 and for me to remain in the US while doing so?

I know it's not possible on a tourist visa so would it be ok on a work visa?

I hope I've made some sort of sense-

Good luck everyone-

Guinness

[YuAndDan 153]

From your post you indicate that your intent is to immigrate, so using another visa type other than the correct one is considered to be visa fraud.

Besides, the work visas are subject to a quota, and an employer is needed to sponsor you.

The quickest and proper way to do it is to have your fiancee file a petition to get you a K-1 visa.

We did it, and it did not take very long (8 months for China) it is much quicker for the UK, and you do have the benifit of being able to visit while the K-1 is pending.

[pushbrk 12,824]

From your post you indicate that your intent is to immigrate, so using another visa type other than the correct one is considered to be visa fraud.

Besides, the work visas are subject to a quota, and an employer is needed to sponsor you.

The quickest and proper way to do it is to have your fiancee file a petition to get you a K-1 visa.

We did it, and it did not take very long (8 months for China) it is much quicker for the UK, and you do have the benifit of being able to visit while the K-1 is pending.

Well that's correct but one of the work visas allows marriage and adjusting status and one doesn't. As I recall, the H1B allows and H2B doesn't but that's easy enough to check out. Since you're talking about transferring jobs, I take it there would be an employer sponsor.

[payxibka 10,045]

Firstly...Hi everyone and the best of luck to you all! (This is my first post so please excuse me if I don't make very much sense)

I met my fiancee on-line last year (She lives in the US and I live in the UK) and have traveled to the US four times to spend time with her and her family and she has traveled to the UK to be with me and to meet my unruly bunch. Now it's time for us to be together-permanently please God!

Thing is-we are both unbelievably impatient (an unfortunate quality considering the journey that we are about to embark on I know) and, like everyone else here I'm sure, are trying to find the quickest way of being together possible.

So can anyone please tell me if it would be possible for me to transfer my job to the US, obtaining the necessary work visa (a H-1 I think it is) beforehand, and then for us to marry and apply for an I-130/K3 and for me to remain in the US while doing so?

I know it's not possible on a tourist visa so would it be ok on a work visa?

I hope I've made some sort of sense-

Good luck everyone-

Guinness

Wait wait wait... your post is has many different elements and some do not seem to fit completely together...

Can you come to the USA and marry your fiance and then file an I130/I-129F(K3) and remain in the US while doing so? The answer is that you can stay in the US for as long as you are authorized via the I-94 (which you receive when you enter). As long as you intend to return to the UK to complete the visa process there is no problem doing so.

If you intend to use a non-immigrant visa (or program) to gain entry to the USA and immigrate then you will have most likely violated the terms and conditions upon which you were granted entry.

Edited July 25, 2007 by fwaguy

[lawrencetoland 3]

We did the K-1 visa from the UK and it took 7 months, even with all the massive screw-ups from our attorney. Then our AOS was so straightforward, we almost slept through it. Basically a little over a year from first filing a K-1, we had his green card. I know you are impatient, like we were, especially since my mom was diagnosed with terminal cancer while we were waiting for our visa and I needed him so badly. But I am so glad we did the K-1 because we had NO problems with the K-1 or AOS.

[pushbrk 12,824]

From your post you indicate that your intent is to immigrate, so using another visa type other than the correct one is considered to be visa fraud.

Besides, the work visas are subject to a quota, and an employer is needed to sponsor you.

The quickest and proper way to do it is to have your fiancee file a petition to get you a K-1 visa.

We did it, and it did not take very long (8 months for China) it is much quicker for the UK, and you do have the benifit of being able to visit while the K-1 is pending.

Well that's correct but one of the work visas allows marriage and adjusting status and one doesn't. As I recall, the H1B allows and H2B doesn't but that's easy enough to check out. Since you're talking about transferring jobs, I take it there would be an employer sponsor.

Here ya go.

Q : Can an H-1B alien intend to immigrate permanently to the U.S.?

Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[YuAndDan 153]

We did the K-1 visa from the UK and it took 7 months, even with all the massive screw-ups from our attorney. Then our AOS was so straightforward, we almost slept through it. Basically a little over a year from first filing a K-1, we had his green card. I know you are impatient, like we were, especially since my mom was diagnosed with terminal cancer while we were waiting for our visa and I needed him so badly. But I am so glad we did the K-1 because we had NO problems with the K-1 or AOS.

[pushbrk 12,824]

Firstly...Hi everyone and the best of luck

So can anyone please tell me if it would be possible for me to transfer my job to the US, obtaining the necessary work visa (a H-1 I think it is) beforehand, and then for us to marry and apply for an I-130/K3 and for me to remain in the US while doing so?

I know it's not possible on a tourist visa so would it be ok on a work visa?

Guinness

Wait wait wait... your post is has many different elements and some do not seem to fit completely together...

Can you come to the USA and marry your fiance and then file an I130/I-129F(K3) and remain in the US while doing so? The answer is that you can stay in the US for as long as you are authorized via the I-94 (which you receive when you enter). As long as you intend to return to the UK to complete the visa process there is no problem doing so.

If you intend to use a non-immigrant visa (or program) to gain entry to the USA and immigrate then you will have most likely violated the terms and conditions upon which you were granted entry.

I bolded the part fwaguy seems to have missed in the OP's post. An H1B visa allows adjustment of status to permanent resident.

Edited July 25, 2007 by pushbrk

[Gaby&Talbert 1]

What about a B1/B2 border crossing visa? Does this allow AOS while in the US?

[payxibka 10,045]

Firstly...Hi everyone and the best of luck

So can anyone please tell me if it would be possible for me to transfer my job to the US, obtaining the necessary work visa (a H-1 I think it is) beforehand, and then for us to marry and apply for an I-130/K3 and for me to remain in the US while doing so?

I know it's not possible on a tourist visa so would it be ok on a work visa?

Guinness

Wait wait wait... your post is has many different elements and some do not seem to fit completely together...

Can you come to the USA and marry your fiance and then file an I130/I-129F(K3) and remain in the US while doing so? The answer is that you can stay in the US for as long as you are authorized via the I-94 (which you receive when you enter). As long as you intend to return to the UK to complete the visa process there is no problem doing so.

If you intend to use a non-immigrant visa (or program) to gain entry to the USA and immigrate then you will have most likely violated the terms and conditions upon which you were granted entry.

I bolded the part fwaguy seems to have missed in the OP's post. An H1B visa allows adjustment of status to permanent resident.

I did not miss it. That why I mentioned that the post elements were not completely fitting together.

Let me be so kind as to put in red what pushbrk seems to have not taken the time to read and comprehend before he decided to post. The OP said I130/K3 and not AOS.

[Gaby&Talbert 1]

Well I think the he ment that they can adjust status, if they are here on a work visa they would not file for K visa they would adjust status.

[payxibka 10,045]

Well I think the he ment that they can adjust status, if they are here on a work visa they would not file for K visa they would adjust status.

I might tend to agree but you cannot assume facts not in evidence because the OP may mean exactly what they wrote.

[YuAndDan 153]

What about a B1/B2 border crossing visa? Does this allow AOS while in the US?

No if the intent is to immigrate when using that visa.

This is beating a dead horse. If a NON-Immigrant visa other than K-1, and K-3 are used with the INTENT to immigrate that is VISA FRAUD.

[guinness1969 0]

Firstly...Hi everyone and the best of luck

So can anyone please tell me if it would be possible for me to transfer my job to the US, obtaining the necessary work visa (a H-1 I think it is) beforehand, and then for us to marry and apply for an I-130/K3 and for me to remain in the US while doing so?

I know it's not possible on a tourist visa so would it be ok on a work visa?

Guinness

Wait wait wait... your post is has many different elements and some do not seem to fit completely together...

Can you come to the USA and marry your fiance and then file an I130/I-129F(K3) and remain in the US while doing so? The answer is that you can stay in the US for as long as you are authorized via the I-94 (which you receive when you enter). As long as you intend to return to the UK to complete the visa process there is no problem doing so.

If you intend to use a non-immigrant visa (or program) to gain entry to the USA and immigrate then you will have most likely violated the terms and conditions upon which you were granted entry.

I bolded the part fwaguy seems to have missed in the OP's post. An H1B visa allows adjustment of status to permanent resident.

I did not miss it. That why I mentioned that the post elements were not completely fitting together.

Let me be so kind as to put in red what pushbrk seems to have not taken the time to read and comprehend before he decided to post. The OP said I130/K3 and not AOS.

[Gaby&Talbert 1]

I think they were asking the question if they decided to marry and if she were transferred then could they file? They are exploring their options?