Received good news that could end up being bad...

[ACGeiger 0]

So, let me preface this by saying I am very appreciative of any help I may find for my questions and wish the best of luck to all people who are going through this long and tedious process.

To help you understand our situation, I'll give a bit of background information. Linnéa and I are both recent graduates with myself entering Law School and she actively looking for jobs. Currently, Linnéa is working at Svenska Handelsbanken in Stockholm but her employment will end at the end of August as it was a "trainee-summer position." Like most couples, we are actively searching for positions where we can start our careers, (my career starter job will come in a few years... hopefully).

A few days ago, Linnéa got into contact with the HR department at the same undergrad University we met at 2 years ago. Linnéa studied abroad for a year there and developed some really good relationships with some staff and faculty, including that of the VP and Provost. She was informed of a position that has recently opened up at that University for a new International Study Abroad / Exchange Student Coordinator. What better person to occupy such a position than an individual who has studied abroad herself to China, and has experienced what international students face when they arrive to the University. Moreover, a majority of the international students who come to this University are either from China, or Sweden. Since she knows both cultures and speaks both languages, it would be a perfect fit.

Naturally, we applied.

However, here is where our situation becomes intriguing and where I could use the advice from this forum.

Currently, we are in the processing time for our K1 visa, about 1 month since we received our first NOA. We have booked a ticket for Linnéa to come visit form the 28th of August to the 2nd of November. The University states that the position will remain open until filled but, with the hard economics times, I don't think it would remain open until around January when Linnéa should arrive with the K1 and work authorization.

We have contemplated the idea of having her work during her time she is here to visit as a trainee and not pay her, should the University go for that. If they do, how does that affect her K1 status? From my understanding, should immigration find that she has worked in the US before receiving the K1, it could be detrimental to our petition. Is this correct?

Is there any way that the University could hire her before the K1 and, if so, does this provide a situation that would allow the K1 to be expedited? (not that I am trying to jump ahead of you fine people, just looking at options).

Another option we are considering is, should she receive the position and the University will pay for the work visa (does anyone know the approximate cost of work visa's by the way?), would it be possible, and possibly the most logical decision, to abandon the petition for a K1 and, after our marriage, apply for a K3? The most difficult part of this whole process is the waiting and if she was here by other means, the petitioning for green cards and AOS could wait, especially if she has employment.

So, as I said in the subject line, it was exciting news we received. The person making the hire Linnéa knows well and stopped just short of saying she was the leading candidate but praised her fully. It also helps that we have support from the VP and Provost. However, there concerns were the same as mine and they are the ones voiced above. How does this affect our petition?

Thanks for taking the time to read this and replying with any advice you may have. I hope it is understandable and if you would like more info I will do my best to answer.

Casey och Linnéa

[Chica Yeyé 41]

I'll tell you how we do it in my campus. When we hire a professor or a staff member from abroad, we get their work visas. So, if the university really wants her, they will do that for her no problem.

If she comes over with the work visa; you can later get married and file for adjustment of status. However, you need to be extremely careful with your times. Example: if she comes in with the work visa and you get married in 2 days; not good.

Also, the idea of doing internship is not such a good idea. Some fellow VJers even have problems with trying to volunteer while waiting for AOS. Besides, if she comes see you on a tourist visa, she is not eligible for internships, that I know of. I know i would never take an intern who does not have the proper status.

[milimelo 4,572]

Sorry, but no way can she start working until she has EAD in her hand. Should've gotten married and gone after the CR-1 visa.

The employment visa you're looking at is H1B but number of visas is limited even if the university is willing to pay for lawyer and USCIS fees (not sure how much it costs, maybe USCIS forms will tell you that).I believe they have unlimited number of visas for universities but not sure of the requirements.

Edited July 28, 2009 by milimelo

[Chica Yeyé 41]

Oh yes, forgot about that .- Visas for professors and/or upper admin are a piece of cake. For entry level or mid-management as Student Exchange Coordinator, not so much.

[Usui Takumi 1,562]

In this situation, even if she remains unpaid she's still receiving a benefit in that she'll get the full time position later on which makes it technically "work". I would definitely entertain the work visa possibility.