internship possibility on a K1 visa

[K&S2010 0]

Dear people,

I am wondering if I can enter the US on a K1 visa, while still being busy with completing my studies in the Netherlands. For me it would work out good to do an internship after my fiancé and I got married until I have received the Green Card.

Does anyone have experience with this question?

My question is if I could do an internship for my master in the Netherlands on the K1 -visa, and also in the time we will be waiting for the green card. I cannot find the answer on internet. I know I can apply for the I-765, but would this also include internships as a student researcher? How long would it take about to obtain the green card/conditional immigrant status after the 90 days of the K1 visa? Would it be problematic for me to intend to go back to Leiden after getting the green card? And then after finishing my master to go back to the States? My intention is to immigrate, but also to finish up my studies in the Netherlands. Will that be possible.

Looking forward to hear from you!

[NigeriaorBust 4,087]

If you are receiving money for the internship the answer would be no , unless the money was paid by University into an account not in the US. As to leaving right away , if you are gone for more than 6 months then you need a re entry permit before you leave.

[payxibka 10,045]

If you are receiving money for the internship the answer would be no , unless the money was paid by University into an account not in the US. As to leaving right away , if you are gone for more than 6 months then you need a re entry permit before you leave.

re-entry permit required for stays outside for 1 year or more... not 6 mos.

[ivana81nis 0]

Internship in medicine, or any paid internship should be avoid because of 2-year rule. If u get 2 year rule, then u need to be outside the USA for 2 years if u ever wanna work or live or anything but be a tourist or student in USA. But I don't think u r subject to this rule, since u r there under othe visa just be careful before signing anything. I got the 2 year rule and I can tell u that u dont want to get it no matter what!

Cheers!

[ivana81nis 0]

Sorry if i got u confused with my bad English but if any of u have questions about this 2 year rule I would explain again...

[Audy_Rob 26]

Internship in medicine, or any paid internship should be avoid because of 2-year rule. If u get 2 year rule, then u need to be outside the USA for 2 years if u ever wanna work or live or anything but be a tourist or student in USA. But I don't think u r subject to this rule, since u r there under othe visa just be careful before signing anything. I got the 2 year rule and I can tell u that u dont want to get it no matter what!

Cheers!

I cannot be certain but since you mentioned "a 2 year rule" I think you are referring to the 2 year home residency requirement for the J-1 visa which does not apply in this case.

Here the K-1 Visa holder is not employment authorized until filing the I-765 and receiving the EAD paper.

[K&S2010 0]

Thanks everyone for the replies.

I actually am already subject to the 2 year home rule under a J1-visa I had before. But I have applied for a waiver for this. I have confidence this works out well. If you need info on the waiver and you are from the Netherlands, you can have a look here:

http://allesamerika.nl/forum/viewtopic.php?t=10996

and here: http://travel.state.gov/visa/temp/info/info_1296.html

I think you can work or do an internship on the K1 visa if you file I-765 and obtain an AOD, authentification of employment.

My main worry is if it is possible to intend to study not in the US but in the Netherlands after you have succesfully obtained a Green Card. I thought you were allowed to move around freely then, but no. My fiancé talked to an immigration lawyer about it, and she said it is not possible. You have to remain in the US if you apply for a Green Card, and if you have it, because you should intend to immigrate. I could go for visits outside of the US, but not live outside the US more or less permanently for finishing studies. To be able to do that you need dual citizenship, and you first have to earn that by staying in the US.

[K and L 27]

A permanent resident can travel abroad and reenter the US for the majority of travel. If the trip will be more than a year, you will need a reentry permit (file a form I-131 with USCIS & wait until it's completed before leaving). It's not advisable to be out of the US for more than 3 years of the last 5, because they may be able to make a case that you've abandoned your residency here.

[ivana81nis 0]

Please inform me how u r doing with the waiver for 2-year rule. Why did they give u the rule?

Hope things go well for u but I heard that if r really subject to this rule then... no coming back unless there is some serious thing going on....

[K&S2010 0]

A permanent resident can travel abroad and reenter the US for the majority of travel. If the trip will be more than a year, you will need a reentry permit (file a form I-131 with USCIS & wait until it's completed before leaving). It's not advisable to be out of the US for more than 3 years of the last 5, because they may be able to make a case that you've abandoned your residency here.

So I understand correctly that you cannot travel abroad and reenter the US freely on a Green Card?

[K&S2010 0]

Please inform me how u r doing with the waiver for 2-year rule. Why did they give u the rule?

Hope things go well for u but I heard that if r really subject to this rule then... no coming back unless there is some serious thing going on....

I was given the 2 yr rule because of Government financing, or financing by an international organization. I applied for the waiver, and I got it waived! My first argument for getting the 2 yr rule waived was that I did not get any of that type of financing, and that was true, and I was able to submit evidence showing that. My second argument was that it was good for my career to go back to the states within 2 years, because it would allow me to go to graduate school there for which I had applied. My last point, although not really an argument, was that I wanted to get married sooner than 2 years in the US.

You need to be really careful when you get a student J1-visa to the US that they don't tick the box 'subject to 2yr rule' based on financing on your DS-2019 . Explain to the American Embassy where you financing comes from, and that may withhold them from ticking that box.

[K and L 27]

So I understand correctly that you cannot travel abroad and reenter the US freely on a Green Card?

Once you have a green card, you can travel abroad and reenter freely, so long as you were not absent long enough for the government to say you have abandoned your permanent residency in the US. IIRC (because I cbf to look it up right now), absences of less than one year are ok without a reentry permit, and absences less than 2-3 years are ok with one. I don't know if more than 3 years can be reentered without a permit.

[ivana81nis 0]

Well lucky you! I got the 2-year rule, and as a reason was their financing me and the amount they putted was 1$!!! And thats why I am in my home country for a year and a half already and my fiancé is coming to visit me and we r online all the time because of that! I asked at few places for the weaver and they highly suggested me not to play with it by asking for weaver! But as I say lucky you!

[Florian 0]

Hi,

I want to come back to the first question:

The time I don't have the EAD could be interesting to do an unpaid internship (that could be a good first experience in the US), is it possible to do an (unpaid) internship with the k1 visa (before to receive the EAD) ?

I read in an other forum that "without EAD they cannot do any work in which a US citizen can be paid for"...

An unpaid internship, is it a work?

A lot of organization have some volunteerism program, could it be fine like this?

Thank you for your answers.