adjustment of status

[imasillyone 0]

im reading up on some things and i noticed this page http://www.***removed***/greencard/adjustme...atus/index.html

speaking of an adjustment of status based on a K-1 fiances visa, to turn it into permanent resident. does this mean that i wouldnt have to file for a K-3 in the long run and that it would basically almost just transfer over on its own as soon as we were married?

and something thats bogging my mind about getting the K-3 possibly is that i cant seem to find the answer anywhere of whether or not i'll be able to work? i NEED to be able to =/ but if im living in the usa applying for my K-3 and going throuhg the process, am i allowed a workers permit?

Im sorry for so many questions, im just so confused and upset right now and i cant seem to figure anything out.

[aussiewench 9]

Hi and welcome to VJ.

First have a read on the various visas http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Totally different visas....one doesnt do one and then the other on marriage.....The short of it is.......

I-129F = K-1 fiance visa - marry within 90 days of entry - adjustment of status in the US

or

I-129F = K-3 spousal visa (already married) - adjustment of status in the US. You must also have already filed the I-130 prior to the I-129F.

or

I-130 = CR-1 spousal immigrant visa - green card on entry - no adjustment of status.

Both the K visa's are nonimmigrant visas even though they are processed very much as an immigrant visa.

The only visa that will allow you to work just about straight away is the CR-1

[imasillyone 0]

Hi and welcome to VJ.

First have a read on the various visas http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Totally different visas....one doesnt do one and then the other on marriage.....The short of it is.......

I-129F = K-1 fiance visa - marry within 90 days of entry - adjustment of status in the US

or

I-129F = K-3 spousal visa (already married) - adjustment of status in the US. You must also have already filed the I-130 prior to the I-129F.

or

I-130 = CR-1 spousal immigrant visa - green card on entry - no adjustment of status.

Both the K visa's are nonimmigrant visas even though they are processed very much as an immigrant visa.

The only visa that will allow you to work just about straight away is the CR-1

thank you for the welcome

and that sucks cause i cant get a greencard really, i have no qualifications for it as far as i understand.

but from what i understand from what your said, i can get the fiances and just get an adjustment? im wondering how long that would take to get the adjustment, and i know with a fiances you can apply for a workers permit, im wondering if that just carries over with the adjustment so i can keep working.

this is all so very confusing to me. and i was reading in another thread that there are delays with the K-1 right now?

thats horrible =( really puts a down-look on this whole "glorious period" Im supposed to be going through

[aussiewench 9]

I think you really do need to read and understand more of the various visas. There is no qualifications for the CR-1....only that you are the spouse of a USC.

EAD (work permit) can take up to 90 + days to my knowledge with the K visas.....you will definately not be able to work straight away on entry.

Adjustment of status can take up to a couple of years depending on the Local Office you have to file with.

And yes there is delays at present with the I-129F for both fiance and spouse, due to the IMBRA that came into effect on the 6 March. There is light there though as there was a draft I-129F that includes the new questions to comply with the the new requirements of the IMBRA so hopefully it wont be too long before that is available and the necessary information gathered from those in the backlog so that processing can get a move on again.

[kitkat1 5]

Are you engaged now or are you married now? Are you in the US now? Your answers to these questions will help you to determine your options.

If you are engaged, you will file for the K1 - Fiance Visa. This means you enter the US as a non-immigrant for the purpose of getting married. After, you will adjust your status in the US. You can work after you receive work authorization which may take several months.

If you are married now, you can file the I-130 while you are waiting out of the country. Once approved, you will receive your green card and enter as an immigrant. The wait time for the I-130 process takes longer, but when you receive the visa, you are finished with the process and do not need to adjust your status any further once in the US.

If you are married now, you can file the I129 (K3) in addition to the I-130. This usually speeds up the process but results in a non-immigrant visa, and just like the fiance visa you will need to complete your adjustment of status process in the US.

There is a delay as Aussie said on the K1 and K3 visa applications right now but hopefully this will be resolved shortly.

[imasillyone 0]

Are you engaged now or are you married now? Are you in the US now? Your answers to these questions will help you to determine your options.

If you are engaged, you will file for the K1 - Fiance Visa. This means you enter the US as a non-immigrant for the purpose of getting married. After, you will adjust your status in the US. You can work after you receive work authorization which may take several months.

If you are married now, you can file the I-130 while you are waiting out of the country. Once approved, you will receive your green card and enter as an immigrant. The wait time for the I-130 process takes longer, but when you receive the visa, you are finished with the process and do not need to adjust your status any further once in the US.

If you are married now, you can file the I129 (K3) in addition to the I-130. This usually speeds up the process but results in a non-immigrant visa, and just like the fiance visa you will need to complete your adjustment of status process in the US.

There is a delay as Aussie said on the K1 and K3 visa applications right now but hopefully this will be resolved shortly.

engaged now, just wondering if i should wait to get married first or if its better to go straight to the K-1 and then get tehe adjustment of status. cause if we get married say, wekk 3 of our 12 week allowment do you think the adjustment of status will work quicker?

and im currently in canada while he's in the USA *ugh its so hard*

you guys are all wonderful thank you so much for putting up with my ill-informed mind!

I think you really do need to read and understand more of the various visas. There is no qualifications for the CR-1....only that you are the spouse of a USC.

EAD (work permit) can take up to 90 + days to my knowledge with the K visas.....you will definately not be able to work straight away on entry.

Adjustment of status can take up to a couple of years depending on the Local Office you have to file with.

And yes there is delays at present with the I-129F for both fiance and spouse, due to the IMBRA that came into effect on the 6 March. There is light there though as there was a draft I-129F that includes the new questions to comply with the the new requirements of the IMBRA so hopefully it wont be too long before that is available and the necessary information gathered from those in the backlog so that processing can get a move on again.

yea ive been trying to beef up on my information about the different visas, to be honets, alot of it just seems to overwhelming and confusing!

and i hope for everyones sake that these set backs dont last long, i know almost all of us are waiting anxiously!

but from what i understand, my 90s with the K-1 doesnt start til I enter the country, so is it possible for me to file for my EAD while in CAnada and not start my 90 days til its approved?

[kitkat1 5]

but from what i understand, my 90s with the K-1 doesnt start til I enter the country, so is it possible for me to file for my EAD while in CAnada and not start my 90 days til its approved?

You can't file for your EAD while in Canada and while not married.

First you file the K1 petition. This takes several months and involves providing a great deal of information, medical exam, police certificates and interview to name a view. The purpose of the fiance visa is to allow you to come into the US to marry the person who filed the petition for you.

When you receive the visa you have 90 days once you enter the US to get married. Once you are married, you begin the adjustment of status process since you are no longer a fiance, you are now a spouse of a USC. At this time, you can request work authorization, social security number, etc.

You should plan on not being able to work legally in the US for approximately 3 months.

[TracyTN 237]

I would really spend some time reading the step by step guides to each visa type. Then, discuss the pros and cons of each type with your boyfriend, and decide what makes the most sense for you. Each couple has different things that are important to them.

[imasillyone 0]

but from what i understand, my 90s with the K-1 doesnt start til I enter the country, so is it possible for me to file for my EAD while in CAnada and not start my 90 days til its approved?

You can't file for your EAD while in Canada and while not married.

First you file the K1 petition. This takes several months and involves providing a great deal of information, medical exam, police certificates and interview to name a view. The purpose of the fiance visa is to allow you to come into the US to marry the person who filed the petition for you.

When you receive the visa you have 90 days once you enter the US to get married. Once you are married, you begin the adjustment of status process since you are no longer a fiance, you are now a spouse of a USC. At this time, you can request work authorization, social security number, etc.

You should plan on not being able to work legally in the US for approximately 3 months.

3 months is ok, and thank you SO MUCH!! once again, someone just answered probably 3 of my top questoins. this forum is amazing! Im gonna suggest it to my friend who is from texas marrying a man from britian!

you guys are truly the biggest help ive foudn so far!!

I hope it doesnt take too long to get my k-1, i know i should expect ATLEAST 4 months, but nothing over 6 i hope

[Reba 2]

well, the working within 3 months with a K1 all depends on how quickly you get married after you arrive, and how quickly you send in your AOS and EAD applications.

The 3 months is really the time alloted from the time that you send in your applications. And an EAD application is only accepted for a K1 in conjunction with an AOS application, which can't be sent in until after you're married.

Consider a timeline of possibly up to 6 months after you arrive until you'll be able to search for work. That is potentially the "worst case scenario" once you figure in the time to get married, wait for the marriage certificate to be received from the registrar (some counties are not immediate) and to compile all the information for the AOS application.

[meauxna 15]

3 months is ok, and thank you SO MUCH!! once again, someone just answered probably 3 of my top questoins. this forum is amazing! Im gonna suggest it to my friend who is from texas marrying a man from britian!

you guys are truly the biggest help ive foudn so far!!

I hope it doesnt take too long to get my k-1, i know i should expect ATLEAST 4 months, but nothing over 6 i hope

ima, sorry to keep butting in!

I really recommend that you modify your expectations so that you won't be frustrated and disappointed. While EAD takes three months (minimum) to process, you will not be eligible to apply for it until you are married and get your paperwork together. IMO, K-1s should not plan on working in the US for the first 4-6 months. Reba brings up a good point about that being the earliest that you can really search for work--many folks find that it's hard to job hunt when they are not yet empl auth.

I also don't know which Canadian consulate you'll be interviewing with, but especially if it is MTL, 4-6 months from petition to visa may also be optimistic.

Managing your expectations will do a lot toward your future happiness.

Edited June 12, 2006 by meauxna

[imasillyone 0]

3 months is ok, and thank you SO MUCH!! once again, someone just answered probably 3 of my top questoins. this forum is amazing! Im gonna suggest it to my friend who is from texas marrying a man from britian!

you guys are truly the biggest help ive foudn so far!!

I hope it doesnt take too long to get my k-1, i know i should expect ATLEAST 4 months, but nothing over 6 i hope

ima, sorry to keep butting in!

I really recommend that you modify your expectations so that you won't be frustrated and disappointed. While EAD takes three months (minimum) to process, you will not be eligible to apply for it until you are married and get your paperwork together. IMO, K-1s should not plan on working in the US for the first 4-6 months. Reba brings up a good point about that being the earliest that you can really search for work--many folks find that it's hard to job hunt when they are not yet empl auth.

I also don't know which Canadian consulate you'll be interviewing with, but especially if it is MTL, 4-6 months from petition to visa may also be optimistic.

Managing your expectations will do a lot toward your future happiness.

Im fromt he windsor ontario area, so i wouldbe with the toronto consuate im assuming. ??

and i feel as ifi have to modify my expectations with this at the moment because i honestly dont know enough about it to really have expectations to begin with. but the past couple days i have learnt alot from this site and now have SOME minor expectations but nothing set in stone. I mean we're still in our early twenties and as much as we want this all done, we have time.

Im currently getting my K-1 stuff together as we speak, writing my letter of intent. Im so much more motivated after having joined this site because i feel like i understand so much more!!!

well, the working within 3 months with a K1 all depends on how quickly you get married after you arrive, and how quickly you send in your AOS and EAD applications.

The 3 months is really the time alloted from the time that you send in your applications. And an EAD application is only accepted for a K1 in conjunction with an AOS application, which can't be sent in until after you're married.

Consider a timeline of possibly up to 6 months after you arrive until you'll be able to search for work. That is potentially the "worst case scenario" once you figure in the time to get married, wait for the marriage certificate to be received from the registrar (some counties are not immediate) and to compile all the information for the AOS application.

yea. see i am figuring about 6 months to get the process finished for the K-1 in general. I hope that isnt over assuming anything, which brings us up to latest, xmas time. our anniversary is Jan.4th so Id love ot get married on that day, which means as soon as we get the k-1 basically we'd be married. then right away i want to apply for the AOs and EAD just to keep the ball rolling. I mean if i stop at one point i might wanna just sit on it til i have to and i dont want to get to that point.

[Reba 2]

Your interview will be at the Montreal consulate. The Toronto consulate does not do fiancee or spouse visas unfortunately.

As for K1 timelines, again, no one here is going to be able to even hazard a guess with the new IMBRA guidelines. Current timelines (prior to IMBRA) may be 6 months, but now they're also doing background checks on the petitioner USC, not just the foreign beneficiary. 6 months for the petition portion may be wishful thinking I'm afraid.

And THEN another possible 6 months after you arrive in the US with your K1 until you'll be able to work.

Edited June 13, 2006 by Reba

[kitkat1 5]

Your interview will be at the Montreal consulate. The Toronto consulate does not do fiancee or spouse visas unfortunately.

As for K1 timelines, again, no one here is going to be able to even hazard a guess with the new IMBRA guidelines. Current timelines (prior to IMBRA) may be 6 months, but now they're also doing background checks on the petitioner USC, not just the foreign beneficiary. 6 months for the petition portion may be wishful thinking I'm afraid.

And THEN another possible 6 months after you arrive in the US with your K1 until you'll be able to work.

I agree. Given everything that is currently happening with IMBRA, there is no longer a way to predict the length of this process. You can unfortunately also run into snags like lost files, name hits, requests for evidence that can delay the process indefinitely. This is why USCIS themselves tell people not to make any definite plans when embarking on this process.

To be safe, plan on beginning to end 9-12 months for just the K1 portion. Then you need to face the adjustment of status once married and living in the US. If it all happens much faster, you will be super happy. If it doesn't you will have planned well and managed your own expectations.