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Filed: K-1 Visa Country: Sweden
Timeline
Posted (edited)

So... my fiance and I had our petition approved and are preparing for his interview and physical etc for the K1 Visa. We just learned that there is a 60-90 day gap between the day we get married and the time he will be legally able to work in the United States!?!?!? We both recently graduated college and I just got a great job in CO, but we don't have much money saved to prepare for 3 or more months on just one income!!! My fiance, Johan, has an aeronautical engineer degree and has started looking for a job in Sweden(preparing to move here around February 2012). We were originally planning on him working in Sweden for about 6 months to save money before moving to the US, but is that the best option? The thought of being apart longer than we have to is awful, but the thought of him being here and stressed about money (or the lack of) because he couldn't work for 3 months is also awful.

Should he stay in Sweden and work to save money?

Or should he move here asap to get "ahead" on the 60-90 day thing?

We are curious as to how other people have handled this. Please help!

Edited by Blondie-CO
Filed: Country: Morocco
Timeline
Posted (edited)

I do not know much about the 90 day gap to start working, but things to consider:

-The k-1 visa is valid for 6 months from date of issue...he would need to enter the US before 6 months is over.

-He is a highly trained professional / engineer, is he prepared to work is something else (dare I say gas station) if he comes here, considering the economy at this time?

Good Luck.

Edited by lovepath
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Had you been doing reading on this site, so that this wouldn't have been a surprise? (Welcome to VJ, by the way!)

Once the visa is issued, there's typically a 6-month time frame in which to use it to enter the U.S. He can work up a storm (including overtime, if possible) and leave for the U.S. toward the end of the visa's validity period. He shouldn't wait until the last day, however; too many things could go wrong.

Worries about finances are a chief reason for strain in relationships. Do the best you can. As soon as he enters the U.S., marry as soon as possible, ask the Justice of the Peace if you can hand-carry the signed marriage license to the courthouse, wait there while you order and receive multiple marriage certificates (I recommend a minimum of 3 copies), and include one certificate in your AOS/EAD/AP package that's otherwise completely prepared to go in, along with the full payment for it. The sooner that your papers hit USCIS, the sooner they should be approved. Keep the faith! :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Wales
Timeline
Posted

Get married and go the CR1 route?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Had you been doing reading on this site, so that this wouldn't have been a surprise? (Welcome to VJ, by the way!)

Good point ;-) How about OP reads more on what the AOS costs are ($1070) so he can even start the process of obtaining the work permit - just to avoid more future surprises, since $ apparently may be a problem. Recommend http://www.visajourney.com/content/guides - very valuable source of information.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Had you been doing reading on this site, so that this wouldn't have been a surprise? (Welcome to VJ, by the way!)

Good point ;-) How about OP reads more on what the AOS costs are ($1070) so he can even start the process of obtaining the work permit - just to avoid more future surprises, since $ apparently may be a problem. Recommend http://www.visajourney.com/content/guides - very valuable source of information.

Posted

I would day it could take more than 90 days that he doesn't work depending on how soon you can marry and file for AOS upon entry.. goodluck and I hope you figure things out :)

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted (edited)

More like 120-150 days before you are authorized to work, then they have to find a job. You have to get married, get a certified copy of the marriage certificate, which in some places can take 30-60 days and then file for the AOS and EAD. My wife arrived in September and we wasted no time and she got her green card in January, 4 months after arriving and that was FAST. She got the green card before she got her EAD which sometimes happens. Planning for your fiancee to be able to work in 60 -90 days from when he arrives is foolish. That is the price of the K-1 visa but of course you have provided proof that you can support your fiancee, TWICE, before they get the EAD or green card so why would it be a financial strain?

You can always choose the CR-1 and your spouse would be authorized to work immediately on arrival.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Yep, this is an issue for everyone I think. It's just funny, because it's like... what CAN I do? We're putting off the marriage a few months so he can earn just a bit more and I'm going to try to get him to do some volunteering at an animal shelter or some such place. He'll go mad with boredom if I leave him to go to work, and it might help to have some American "work" reference when he's actually allowed to start job seeking. What did y'all do?

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AOS Journey

Date Filed: 12-12-2011

NOA Date: 12-15-2011

Biometrics: 1-20-2012

Transfer: 1-13-2012

Congressional inquiry made: 7-26-2012

Approval!: 8-01-2012

Currently: BLISSFUL NOTHINGNESS!!

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Filed: Other Timeline
Posted

That's why, given the choice between a K-1 and a CR-1 visa, the latter one wins hands down. First, there's no waiting time. Johan would enter the United States as a Green Card holder and can do whatever he wants to do right away. Secondly, you would not have to do AOS at all, which alone saves you not only time, but $1,070 in fees as well.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Posted

That's why, given the choice between a K-1 and a CR-1 visa, the latter one wins hands down. First, there's no waiting time. Johan would enter the United States as a Green Card holder and can do whatever he wants to do right away. Secondly, you would not have to do AOS at all, which alone saves you not only time, but $1,070 in fees as well.

I agree that CR1 is totally a better deal, its just too bad it wouldn't have worked for us! We needed a long engagement because we were both young and my decision to leave Asia and move to the US was painful for my parents. The k1 allowed them time to "process" it. If we did the CR1 we would have had to get married right away. I think for us we made the right choice, both our families came to our wedding, it was a big celebration and it was such perfect timing! However, we knew and we were prepared for AOS so it wasn't a shock to us.. I fixed most of my AOS forms prior to getting married so that I could send it in right away. I got my marriage certificate the same day I was married and I sent my forms off two days later, got my EAD and GC in less than three months.. It was stressful but I am so glad it's over and looking back I have no regrets!

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Yep, this is an issue for everyone I think. It's just funny, because it's like... what CAN I do? We're putting off the marriage a few months so he can earn just a bit more and I'm going to try to get him to do some volunteering at an animal shelter or some such place. He'll go mad with boredom if I leave him to go to work, and it might help to have some American "work" reference when he's actually allowed to start job seeking. What did y'all do?

We are planning the same. :)

K1 Visa

Mar 28th 2011 - I-129F posted.

Mar 31st 11 - Delivered.

Apr 5th 11 - NOA1 (email).

Apr 8th 11 - NOA1 hardcopy received - dated 4/4/11

June 24th 11 - NOA2 hardcopy received - dated 20/6/11

July 19th 11 - Case number given

Aug 5th 11 - Packet 3 letter received

Aug 13th 11 - Police certificate received

Aug 15th 11 - Medical booked for 22 Aug @ 9.50am

Aug 16th 11 - Packet 3 returned & Visa fee paid

Aug 22nd 11 - Medical complete

Oct 7th - Interview - Approved =)

Nov 14th - POE Chicago

Jan 8th 2012 - Wedding ♥

AOS

Mar 24th 2012 - Package posted to Chicago PO Box

Mar 29th 2012 - NOA1 by email

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

We are planning the same. :)

Wow we are twinsies! NOA1 and NOA2 dates are the same!

34e24bq.jpg

AOS Journey

Date Filed: 12-12-2011

NOA Date: 12-15-2011

Biometrics: 1-20-2012

Transfer: 1-13-2012

Congressional inquiry made: 7-26-2012

Approval!: 8-01-2012

Currently: BLISSFUL NOTHINGNESS!!

event.png

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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Wow we are twinsies! NOA1 and NOA2 dates are the same!

:dance: That's funny!

K1 Visa

Mar 28th 2011 - I-129F posted.

Mar 31st 11 - Delivered.

Apr 5th 11 - NOA1 (email).

Apr 8th 11 - NOA1 hardcopy received - dated 4/4/11

June 24th 11 - NOA2 hardcopy received - dated 20/6/11

July 19th 11 - Case number given

Aug 5th 11 - Packet 3 letter received

Aug 13th 11 - Police certificate received

Aug 15th 11 - Medical booked for 22 Aug @ 9.50am

Aug 16th 11 - Packet 3 returned & Visa fee paid

Aug 22nd 11 - Medical complete

Oct 7th - Interview - Approved =)

Nov 14th - POE Chicago

Jan 8th 2012 - Wedding ♥

AOS

Mar 24th 2012 - Package posted to Chicago PO Box

Mar 29th 2012 - NOA1 by email

 
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