K1 to I485 - problems because i'm a doctor in australia and need to come home and work...

[bella4589 0]

Hi all! So my fiance and I are filing our K1 application tmrw. We're anticipating getting it approved in time to get married around June. Here is my problem - I'm a newly graduated doctor back home starting work in January of next year. I can get leave approved for 6 weeks in June which will hopefully give me enough time to apply for I485 after getting married straight after arriving, and also advanced parole with an InfoPass.

My questions are:

Is my occupation valid to get instant advanced parole through InfoPass since it's not technically an emergency?

Once I come home to work, I'll have to fly back at some point for the AOS interview, after which I need to fly back to Australia to work again. Will I need to get an I131 or will my advanced parole work?

Also once I have my green card I still need to be in Australia for 6-9 months until I can get a new training position in a hospital in the US. Will this be a problem? Do I need an I131 for this?

Thanks in advance!

[VanessaTony 3,567]

Yeah no I doubt that's gunna work.

You're right that the K1 will take around 6 months (depending on how quick your NOA2 is). Once approved you have 6 months to use it.

The AP is unlikely to be expedited thanks to work. I remember one poster in particular who tried to expedite based on work back home and it wasn't approved... still took 2 months.

K1's don't always have an AOS interview. Any absences outside the US for more than 6 months can be used to determine if you've abandoned your AOS. Plus, how exactly are you showing USCIS that you have a valid relationship, co-mingling, living together etc if you arrived on the K1, married and then left? It doesn't look good at all.

If I were you I would wait to apply for the K1, OR apply now and take your time sending in P3 (thus delaying your interview), OR request an interview after a specific date and then delay your arrival until you're ready to move. MUCH less messy.

[bella4589 0]

Yeah no I doubt that's gunna work.

You're right that the K1 will take around 6 months (depending on how quick your NOA2 is). Once approved you have 6 months to use it.

The AP is unlikely to be expedited thanks to work. I remember one poster in particular who tried to expedite based on work back home and it wasn't approved... still took 2 months.

K1's don't always have an AOS interview. Any absences outside the US for more than 6 months can be used to determine if you've abandoned your AOS. Plus, how exactly are you showing USCIS that you have a valid relationship, co-mingling, living together etc if you arrived on the K1, married and then left? It doesn't look good at all.

If I were you I would wait to apply for the K1, OR apply now and take your time sending in P3 (thus delaying your interview), OR request an interview after a specific date and then delay your arrival until you're ready to move. MUCH less messy.

Thanks for the reply.

Well I suppose I thought the proof for the K1 would be sufficient - we've made almost 8 flights to and fro this year alone and have met each other's families etc. I'm hoping that there will be some understanding on their part because either way it will affect my training and us as a couple financially. I need a SSN before being able to apply for any training jobs in a hospital, and I can't get one wihtout residency. Asking me to be jobless for a year is quite a big thing so maybe that will count if I explain everything beforehand?

[bella4589 0]

Another option would be to get married here in December and apply for a K3 as i believe you are allowed free travel on that?

[VanessaTony 3,567]

Another option would be to get married here in December and apply for a K3 as i believe you are allowed free travel on that?

CR-1 would be better and yes. Free to turn right back around and go back to Aus. The 6 month thing still stands though. Yes, I think CR-1 would be a good fit.

[bella4589 0]

CR-1 would be better and yes. Free to turn right back around and go back to Aus. The 6 month thing still stands though. Yes, I think CR-1 would be a good fit.

is that going to have problems too though - since I'm again not planning on staying there the whole time

in order to get around the 6 month thing, can i just fly back to the US for a weekend every 4 months? would that work?

[Barbara J 115]

is that going to have problems too though - since I'm again not planning on staying there the whole time

in order to get around the 6 month thing, can i just fly back to the US for a weekend every 4 months? would that work?

No what Vanessa said is what you need to do. The K1 fiance visa is not going to work for you. As you need to head back to OZ for work. You need to come here US get married and then you can go back to OZ while a CR1 is filed here in the US.

[Penguin_ie 5,997]

Why not get married whenever, and use the Visa Waiver Program to visit her until you are ready to immigrate for good, then apply for the CR-1 some 6 months before that date?

[JimVaPhuong 4,863]

You jumped the gun on filing the K1 petition because you're not ready to immigrate yet, and you're not going to be ready by the time the K1 interview is scheduled. Deal with immigration when you're ready to immigrate, and don't try to dovetail the process into your current career plans. The US government understands you have plans and goals, but when it comes to immigration they consider their requirements to take priority over any plans you've got. They can get away with this attitude because neither you nor your US citizen fiancee are exercising any rights under the law - you're asking them for a discretionary benefit, so they expect you to conform to their timeline.

It's rather like showing up for a scheduled appointment with a doctor, and waiting for two additional hours because the doctor is heavily overbooked, and appears to have the attitude that their time is more valuable than yours. I really pissed off a gastroenterologist once when I told him that I'm paid more per hour than he is, and if he leaves me waiting again for two hours then he was going to be getting a bill from ME!

Complete your career requirements. When you think you can make accommodations for the immigration process then proceed with whichever visa you think is appropriate.

[Little_My 464]

It seems that one of the challenegs for the OP is that, according to his post, he cannot start looking for a training position in a US hospital without an SSN, and he cannot get an SSN without being a resident (or having entered with a K1). Bella, are you absolutely sure about this requirement though? Usually SSN is not needed until payroll gets involved, so I don't see why you wouldn't be able to look for a position without yet necessarily having the SSN in your hand - as long as you can prove you are in the US legally, and you are or soon will be authorized to work and also have an SSN.

However, I agree with the previous posters - K1 does not seem to work for you at this moment, since it will be months before you'll be ready to actually immigrate to the US. You will just have to be okay with the fact that once you do immigrate to the US, you most likely will not be able to have a job lined up and ready for you, and there will be a period during which you probably won't be working after you've arrived here.

I lean towards the CR-1 too. Get married whenever you want to, and then file the CR-1 roughly 9 months before the time you'll want to move to the US. Obviously you can begin looking for positions from Australia while the CR-1 is pending. Once it is issued, you'll immediately be able to both work and travel internationally after entering the US with the CR-1 visa. The GC will follow shortly in the mail.

[VanessaTony 3,567]

is that going to have problems too though - since I'm again not planning on staying there the whole time

in order to get around the 6 month thing, can i just fly back to the US for a weekend every 4 months? would that work?

Ahhh then no sorry nothing will work for you. The 6 months is what they can use, BUT they can also go by a pattern. LPR is to LIVE in the US permanantly. If you're not ready for that then you shouldn't apply.

I suggest you get married in December, and then, as someone else said, 6 months before you are ready to permanently move over apply for a CR-1. Unfortunately there's not way for you to get a SSN BEFORE you get the visa...

[Anh map 2,098]

Agreed, start the immigration process when you are ready to move to the US. You can marry anytime you two choose. But trying to maintain legal status in the US as you described will be dicey at best.

Doctors can do many impressive things. Changing the US immigration policies isn't one of those things.

[bella4589 0]

Agreed, start the immigration process when you are ready to move to the US. You can marry anytime you two choose. But trying to maintain legal status in the US as you described will be dicey at best.

Doctors can do many impressive things. Changing the US immigration policies isn't one of those things.

thanks everyone for the feedback...really starting to panic here :/

is there any way of getting a SSN without having a green card? unfortunately the CA medical board requires one before allowing internationals to get a training letter, which is required for all training programs

[Little_My 464]

Unfortunately you won't be able to get an SSN without being a greencard holder, or a person on a non-immigrant visa either allowed to work or allowed to receive general assistance benefits. For all of these you would have to show proof of that status to the SSN administration before they will issue you a social security number.

The K-1 just won't work, not with the timeline you described - and with CR-1 you won't be able to get an SSN until you have that visa and have entered the US. I don't know if you have any other choice than to eventually apply for the CR-1, and then wait until you have entered the US and received an SSN before you begin the job hunt process.

Edited November 8, 2011 by Little_My

[VanessaTony 3,567]

thanks everyone for the feedback...really starting to panic here :/

is there any way of getting a SSN without having a green card? unfortunately the CA medical board requires one before allowing internationals to get a training letter, which is required for all training programs

Not not really. Here's what I think you should do. Assuming that you need to work until Dec next year (2012).

1. Get married

2. Apply for CR-1 visa (you have 6 months to activate it)

3. Fly to US to "activate" CR-1 and start SSN process. It would be best if you arrange to be in the US for around 2 weeks. that way if you haven't received your SSN you can go in person to apply and THEN leave the US and the SSN will be mailed to your US address.

4. Move to US permanently.

For you this is ALL about timing. The CR-1 process will take around 6-8 months I think. Once you have it then you need to decide how you want it to work. You can travel to the US to activate it (wait 2 weeks to see about the SSN) and then turn around and continue to work in Aus for around 6 months. Being your first trip out you CAN make it up to 12 months but less 6 months is always safest (and it doesn't pause your naturalisation clock).

To figure out your timing you'll need to know:

1. When do you need to apply for training programs (and so when do you need the SSN by)?

2. When does your current program end (when are you leaving Aus permanently)?

I don't think all is lost. Just all about timing.