Question about K1 and changing status

[JaJo08 0]

Hello All-

New here and just exploring options at the moment. Met this amazing gal online last summer. We met in person, fell in love, and doing the back and forth thing at the moment. Unlike many of the stories I've read here, the distance to travel is not that far at all so I feel we are very fortunate in that department. My gf lives in Canda and I here in the states. We are both looking for ways to get her here and that is how I ended up at this webpage. We have already talked about the possibility of being engaged/married, but am curious how that may/may not affect other avenues we are exploring.

For example, she is looking into getting work here at the moment with either a nonprofit or university. From my research and understanding those institutions are exempt from the H1B quota that private companies are subject too. If she can find a job in one of those sectors, they would sponsor her on an H1B and she could move and live here for up to 3 years and possibly longer if needed.

However, if were to be engaged and begin the K1 process, how/would this affect the process of looking for work? Would she not be able to get an H1B any longer once that is started? Is it one or the other only?

Also, if we were to go the DCF process, my understanding is that either I would need to live up there for 6 months or she and I both would need to live in another country together for 6 months minimum correct? The reason I ask about this is we have both talked about leaving our respective countries and going to live abroad in Thailand for a year or so. If we do that, you just have to show proof of having lived in the country for six months? Then we could get married there, go to the US consulate in Thailand with all the appropriate docs and move back to the states? Or as option 2, I could move up there to Canada and live for six months and then we would go to the US consulate there? Am I understanding this all correctly?

Any input or guidance is greatly appreciated!

Jason

[YuAndDan 153]

One visa petition in process does not affect another. More than likely if you filed for a K-1 now, it would be approved and would be interviewed for long before finding a company that is exempt from quota willing to sponsor the work visa.

[canadian_wife 1,822]

You must be a legal resident of the country for 6 months before you can file DCF. So you must follow the residency requirements for that country to get legal residency then 6 months after that you can file DCF.

I agree with YuandDan - she is likely to get the K-1 before an H1B.

Good luck.

[Kathryn41 3,205]

To do a DCF it isn't just enough to live for 6 months in another country - you need to have legal status in the other country for those 6 months as well and you need to be able to verify that status to the US Consulate.

[Gary and Alla 3,694]

Hello All-

New here and just exploring options at the moment. Met this amazing gal online last summer. We met in person, fell in love, and doing the back and forth thing at the moment. Unlike many of the stories I've read here, the distance to travel is not that far at all so I feel we are very fortunate in that department. My gf lives in Canda and I here in the states. We are both looking for ways to get her here and that is how I ended up at this webpage. We have already talked about the possibility of being engaged/married, but am curious how that may/may not affect other avenues we are exploring.

For example, she is looking into getting work here at the moment with either a nonprofit or university. From my research and understanding those institutions are exempt from the H1B quota that private companies are subject too. If she can find a job in one of those sectors, they would sponsor her on an H1B and she could move and live here for up to 3 years and possibly longer if needed.

However, if were to be engaged and begin the K1 process, how/would this affect the process of looking for work? Would she not be able to get an H1B any longer once that is started? Is it one or the other only?

Also, if we were to go the DCF process, my understanding is that either I would need to live up there for 6 months or she and I both would need to live in another country together for 6 months minimum correct? The reason I ask about this is we have both talked about leaving our respective countries and going to live abroad in Thailand for a year or so. If we do that, you just have to show proof of having lived in the country for six months? Then we could get married there, go to the US consulate in Thailand with all the appropriate docs and move back to the states? Or as option 2, I could move up there to Canada and live for six months and then we would go to the US consulate there? Am I understanding this all correctly?

Any input or guidance is greatly appreciated!

Jason

The DCF route is best for someone who already lives a country for other reasons, work, military, etc. Moving to a country for six months JUST to qualify for DCF is a little looney. Why not just get married (here or there) and go the CR-1 route? Same result in the end as a DCF. She would be able to move here and work right away. It would probably be faster than trying to find an exempt employer willing to sponsor her that cannot find US citizens to take those jobs without haing to be sponsored.

If she wants to work, or needs to work right away, K-1 is not the way to go. Neither is K-3 as it has the same need for AOS as the K-1, you just have longer to do it and she can travel until she does.

[YuAndDan 153]

The DCF route is best for someone who already lives a country for other reasons, work, military, etc. Moving to a country for six months JUST to qualify for DCF is a little looney. Why not just get married (here or there) and go the CR-1 route? Same result in the end as a DCF. She would be able to move here and work right away. It would probably be faster than trying to find an exempt employer willing to sponsor her that cannot find US citizens to take those jobs without haing to be sponsored.

If she wants to work, or needs to work right away, K-1 is not the way to go. Neither is K-3 as it has the same need for AOS as the K-1, you just have longer to do it and she can travel until she does.

Correct. A K-Visa is NOT a work visa.

If work in the USA is of high priority, then marry first and file for a Spousal CR-1 IMMIGRANT visa, again this may be quicker that trying for an H1B visa.

[Bobby+Umit 161]

Or - another option:

go to Thailand for a year, get to really know each other, come back to your respective countries, and if you feel like getting married still, do the K-1/CR-1 as appropriate.

That way, you don't have to worry about going through all that paperwork when your in Thailand, and you are all setup to get married when you come back!

[JaJo08 0]

Thanks for all the quick responses! Yes, I realize the DCF route does seem a bit off path, but I was really unfamiliar with how it exactly worked and since we were both talking about moving to Thailand anyway, it seemed like a viable alternative. Although, I'm not sure how long it would take to obtain the legal status there, I guess it just varies. Still maybe an option.

Yes, it seems the CR-1 route may be the best bet as it allows for the ability to find work virtually immediately upon moving here is my understanding, but this takes about a year correct? With the K-1 route, it's a bit faster (6-7 months?) to get her here, but then another 90 days or so of waiting for SSN and EAD right? Also, since we both like to travel a lot (international) then the CR-1 really is the way to go as you don't need to obtain the advance permission as with the K-1 correct?

[Gary and Alla 3,694]

Thanks for all the quick responses! Yes, I realize the DCF route does seem a bit off path, but I was really unfamiliar with how it exactly worked and since we were both talking about moving to Thailand anyway, it seemed like a viable alternative. Although, I'm not sure how long it would take to obtain the legal status there, I guess it just varies. Still maybe an option.

Yes, it seems the CR-1 route may be the best bet as it allows for the ability to find work virtually immediately upon moving here is my understanding, but this takes about a year correct? With the K-1 route, it's a bit faster (6-7 months?) to get her here, but then another 90 days or so of waiting for SSN and EAD right? Also, since we both like to travel a lot (international) then the CR-1 really is the way to go as you don't need to obtain the advance permission as with the K-1 correct?

I can only describe our case (K-1) as very fast and I think most would agree, given all the other variables of life, not just USCIS and consulates, it was 10 months, 11 days from filing I-129f to Green Card in hand. It could be possible to do it faster, but probably not much. DCFs seem to take aboutr a year or less, so really not much different.

[Gary and Alla 3,694]

Or - another option:

go to Thailand for a year, get to really know each other, come back to your respective countries, and if you feel like getting married still, do the K-1/CR-1 as appropriate.

That way, you don't have to worry about going through all that paperwork when your in Thailand, and you are all setup to get married when you come back!

OR...

Go to Thailand for a year, get to know a bunch of Thai chicks, come back and see if you still want to marry a Canadian. OH NO!! I did NOT just say that!

[Bobby+Umit 161]

Or - another option:

go to Thailand for a year, get to really know each other, come back to your respective countries, and if you feel like getting married still, do the K-1/CR-1 as appropriate.

That way, you don't have to worry about going through all that paperwork when your in Thailand, and you are all setup to get married when you come back!

OR...

Go to Thailand for a year, get to know a bunch of Thai chicks, come back and see if you still want to marry a Canadian. OH NO!! I did NOT just say that!

oh no you didn't....

[Carlawarla 1]

Hi JaJo,

Just wanted to welcome you to VJ. Please check out the Canada Forum here for lots of specific US/Canada information. As well, VJ has it's own Canada Wiki page.

http://www.visajourney.com/forums/index.php?showforum=93

http://www.visajourney.com/wiki/index.php/Canada