Odd situation regarding K-1/work permit

[Archeon 0]

Hi,

The situation is as follows:

I have applied for a K-1 visa (mid November), so expecting NOA2 around about feb (VSC) - No issues here thus far

I am currently in America, returning to the UK on the 23rd of January for the home country side of things (medical, interview etc etc)

A company in America has expressed interest in employing me, and here is where it gets confusing:

In a nutshell, can me/the company apply for a work permit now (while the k-1 is processing), so that when i return on the K-1 visa in HOPEFULLY april, I am able to work instantly without waiting to get married, do AOS, wait 2 months for the work permit that comes with that?

Regards,

Arch

[Lisa and Ian 7]

Hi,

The situation is as follows:

I have applied for a K-1 visa (mid November), so expecting NOA2 around about feb (VSC) - No issues here thus far

I am currently in America, returning to the UK on the 23rd of January for the home country side of things (medical, interview etc etc)

A company in America has expressed interest in employing me, and here is where it gets confusing:

In a nutshell, can me/the company apply for a work permit now (while the k-1 is processing), so that when i return on the K-1 visa in HOPEFULLY april, I am able to work instantly without waiting to get married, do AOS, wait 2 months for the work permit that comes with that?

Regards,

Arch

A friend of mine was in the US on a work visa (H1B) and then decided to get married. About a year later, when he became concerned about the economy and possibly losing his job, he applied for Adjustment of Status.

You can read more about that process here: http://www.visajourney.com/forums/index.ph...p;page=otheraos

Edited December 15, 2009 by Snowbunnies

[Archeon 0]

Useful information, however the scenario's described there are not really applicable.

The thing I need to know is essentially once I am in the country on a K-1 visa, can a work permit be used in conjunction with this? I see no reason why not assuming I meet the criteria for the work permit as a stand alone, rather than as part of an AOS?

[canadian_wife 1,822]

You can only really be issued one visa at a time, once K-1 has been issued and you enter the US, there is no 'work permit' to get other than your EAD. So you can either be given a K-1 fiance visa OR a work visa - both will not be issued to you.

In order to apply for the H1B (dual intent) you'll apply by April 2010 for work starting in October 2010. Most other types of work permits are considered 'non-immigrant' so that would mean you have to prove that you do not intend to live permenantly in the US. This would be next to impossible since you filed for a K-1 and thus, have intentions to live in the US permenantly.

Your 'work permit' will be the EAD you get when you apply for adjustment of status.

Good luck.

Edited December 15, 2009 by canadian_wife

[Gary and Alla 3,694]

Hi,

The situation is as follows:

I have applied for a K-1 visa (mid November), so expecting NOA2 around about feb (VSC) - No issues here thus far

I am currently in America, returning to the UK on the 23rd of January for the home country side of things (medical, interview etc etc)

A company in America has expressed interest in employing me, and here is where it gets confusing:

In a nutshell, can me/the company apply for a work permit now (while the k-1 is processing), so that when i return on the K-1 visa in HOPEFULLY april, I am able to work instantly without waiting to get married, do AOS, wait 2 months for the work permit that comes with that?

Regards,

Arch

Yes, you can, the two are not related. It does not mean you will get the work authorization and with some consulates (probably not London, but who knows) it could be seen as making your relationship "not legitimate" as you are seeking other means to get to the USA. If you would receive the work authorization first, you would still have to return to London for your K-1 interview.

[Gary and Alla 3,694]

Useful information, however the scenario's described there are not really applicable.

The thing I need to know is essentially once I am in the country on a K-1 visa, can a work permit be used in conjunction with this? I see no reason why not assuming I meet the criteria for the work permit as a stand alone, rather than as part of an AOS?

You can hav more than one visa, you can apply and pay for all you like. However as Canadian wife points out, applying for one could implicte you cannot meet the criteria for another. There is nothing where one cancels out the other, per se, that does not mean you can do what you plan. You can try. But you are not entitled to any visa and if they get the impression that you are attempting to avoid any part of the visa process, they can simply deny whichever visa they choose.

[canadian_wife 1,822]

Gary_and_Alla makes an excellent point, applying for a work permit may give the false impression that you are more interested in going to the US for work and not for love. London is a low fraud country so it is unlikely that this will happen but it is something to think about

I should have been more clear - you won't be issued a work permit and a K-1 at the same time, however you will have one cancelled when the other is issued. If you are granted a work visa, then when the K-1 is issued, the work visa becomes invalidated (I know from personal experience on this one) which will be another issue once you cross over on a K-1 visa and no longer are authorized to work.

Good luck.

[payxibka 10,045]

Useful information, however the scenario's described there are not really applicable.

The thing I need to know is essentially once I am in the country on a K-1 visa, can a work permit be used in conjunction with this? I see no reason why not assuming I meet the criteria for the work permit as a stand alone, rather than as part of an AOS?

If you apply for a work permit while on K-1 stand alone from AOS (which you can do this), then the permit will be good for only as long as your I-94 is valid (90 days from entry)... it can take 60-90 days to get the permit, so it is not a lot of value for your $340. The permit could actually arrive already expired.

[payxibka 10,045]

Hi,

The situation is as follows:

I have applied for a K-1 visa (mid November), so expecting NOA2 around about feb (VSC) - No issues here thus far

I am currently in America, returning to the UK on the 23rd of January for the home country side of things (medical, interview etc etc)

A company in America has expressed interest in employing me, and here is where it gets confusing:

In a nutshell, can me/the company apply for a work permit now (while the k-1 is processing), so that when i return on the K-1 visa in HOPEFULLY april, I am able to work instantly without waiting to get married, do AOS, wait 2 months for the work permit that comes with that?

Regards,

Arch

Yes, you can, the two are not related. It does not mean you will get the work authorization and with some consulates (probably not London, but who knows) it could be seen as making your relationship "not legitimate" as you are seeking other means to get to the USA. If you would receive the work authorization first, you would still have to return to London for your K-1 interview.

H-1B is a "dual intent" work visa.... If the OP received this visa they could come to the US, go to work, marry and adjust status and live happliy ever after.....all without leaving the USA after they arrived on H-1B

FWIW, I think the OP was referring to EAD work permit and not a "work visa"

Edited December 15, 2009 by payxibka

[Otto 83]

FWIW, I think the OP was referring to EAD work permit and not a "work visa"

I read it that way too - plus is asking if can apply for EAD/Work permit while the K-1 is being processed (before it is issued). There's no way to do that.

The only way I can see, to be able to work upon (or relatively shortly after) entering the US would be alternate visa paths (i.e., H-xx or CR-1).

[Archeon 0]

Thanks for the info everyone, much appreciated as ever.

Regards,

Arch