K1 Visa-Work Permit -Marriage?

[DCM 0]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on the K1 visa, be able to work right away and get married soon after my arival? Does this make sense?

If I were to enter on the K1 Visa, how difficult will it be for me to move back and forth between the Bahamas and the US to wrap up things in the Bahamas?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle for months on end.

DCM

[wifetobe 2]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on the K1 visa, be able to work right away and get married soon after my arival? Does this make sense?

If I were to enter on the K1 Visa, how difficult will it be for me to move back and forth between the Bahamas and the US to wrap up things in the Bahamas?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle for months on end.

DCM

The steps to a K1 visa is explained here in the guidelines. A K1 is for the purpose of marriage not a work permit. Once you come to the US on a K1 visa, the steps in order is as follows:

1) Apply for SSN

2) Apply for a marriage license (takes 1-3 days depends on which state)

3) Civil ceremony (you can always have a bigger wedding later)

4) Have a vaccine medical etc. then apply for EAD, AOS and so forth..

Once you have a K1 visa you can not leave the US until your AOS is approved which could take 6 months up to a year, otherwise if you do leave within that time you'll have to go through the entire K1 process. K1 is good for 90 days. Maybe considering the K3 route might be a better option for you?.. I'm sure someone else will intervene and better comment on that!..

[cesar 0]

Once you enter with a K1 visa, you are given a I-94 which is a paper that says when you came into the US. That same paper works by default as a work permit until your visa expires in 90 days. After it expires, you are not allowed to work until you receive your EAD.

Like the member above mentioned, with a K1 visa, you're not allowed to leave the country. That visa is good only for 1 entry.

It sounds to me like you should go with the K3 process instead. As far as I know it takes a bit longer but it has more benefits once you come into the US.

Good luck, Cesar

Edited April 27, 2008 by cesar

[Ngoc-Anh 1]

cesar is not completely right referring to the work permit. I94 is not a permit to work. Only a few port of entries (i.e. JFK) issues a work permit at your point of entry and ONLY with that permit you are allowed to work!

[Ban Hammer 13,352]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on the K1 visa, be able to work right away and get married soon after my arival? Does this make sense?

If I were to enter on the K1 Visa, how difficult will it be for me to move back and forth between the Bahamas and the US to wrap up things in the Bahamas?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle for months on end.

DCM

The steps to a K1 visa is explained here in the guidelines. A K1 is for the purpose of marriage not a work permit. Once you come to the US on a K1 visa, the steps in order is as follows:

1) Apply for SSN

2) Apply for a marriage license (takes 1-3 days depends on which state)

3) Civil ceremony (you can always have a bigger wedding later)

4) Have a vaccine medical etc. then apply for EAD, AOS and so forth..

Once you have a K1 visa you can not leave the US until your AOS is approved which could take 6 months up to a year, otherwise if you do leave within that time you'll have to go through the entire K1 process. K1 is good for 90 days. Maybe considering the K3 route might be a better option for you?.. I'm sure someone else will intervene and better comment on that!..

they can if they applied for AP and are approved.

[pushbrk 12,898]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on the K1 visa, be able to work right away and get married soon after my arival? Does this make sense?

If I were to enter on the K1 Visa, how difficult will it be for me to move back and forth between the Bahamas and the US to wrap up things in the Bahamas?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle for months on end.

DCM

Your best bet for fast work authorization and freedom to travel back and forth at will is to marry and file just an I-130 with supporting documents pursuant to an immigrant visa, CR1 in this case. Please see the appropriate "Guide" for details by clicking on the word "Guides" at the top of any page here.

[wifetobe 2]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on the K1 visa, be able to work right away and get married soon after my arival? Does this make sense?

If I were to enter on the K1 Visa, how difficult will it be for me to move back and forth between the Bahamas and the US to wrap up things in the Bahamas?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle for months on end.

DCM

The steps to a K1 visa is explained here in the guidelines. A K1 is for the purpose of marriage not a work permit. Once you come to the US on a K1 visa, the steps in order is as follows:

1) Apply for SSN

2) Apply for a marriage license (takes 1-3 days depends on which state)

3) Civil ceremony (you can always have a bigger wedding later)

4) Have a vaccine medical etc. then apply for EAD, AOS and so forth..

Once you have a K1 visa you can not leave the US until your AOS is approved which could take 6 months up to a year, otherwise if you do leave within that time you'll have to go through the entire K1 process. K1 is good for 90 days. Maybe considering the K3 route might be a better option for you?.. I'm sure someone else will intervene and better comment on that!..

they can if they applied for AP and are approved.

True.

[DCM 0]

OK it sounds like I would be better served to visit the US on my tourist visa, get married, return to the Bahamas and have the CR-1 / IR-1 Visa and I-130 Petition filed. This looks like the way to go which would allow me time to wrap up things here and also allow me to visit my wife at will until the visa is issued.

Am I right in this? Is this legal?

DCM

[DCM 0]

By the way , thank you for all the suggestions thus far.

DCM

[Skyler 0]

I was going to do something similar and talked to an immigration lawyer about it. It is perfectly legal to enter the US and get married in the US on a tourist visa, as long as you are returning to your home country before the tourist visa expires. However, they may think that you are planning to apply for a change in status and STAY in the US after your marriage, so you will want to have evidence of your ties to your home country when you apply for the tourist visa (if you dont already have one). Dont´t lie, you should be honest about your intentions to get married, and then return home. The 1-130 actually is probably a better route overall, since you can enter the US with permission to work and dont have to change your status again once you are married, the only drawback is that it seems to take between 6-8 months longer, which is why I decided to do the 129f.

OK it sounds like I would be better served to visit the US on my tourist visa, get married, return to the Bahamas and have the CR-1 / IR-1 Visa and I-130 Petition filed. This looks like the way to go which would allow me time to wrap up things here and also allow me to visit my wife at will until the visa is issued.

Am I right in this? Is this legal?

DCM