Work visa / K1 Question

[WhiteFox 7]

Hello all!

My fiance is currently in the US on as a visitor (by Visa Waiver program from Australia) and we were planning on filing for a K-1 visa while he is here. Then, I saw this post while browsing the forum:

The usual work visa is the H1b.

That allows dual intent, immigrant and non immigrant.

So you can move to the US on the work visa which is pretty quick to process, marry at your leisure and then adjust to Permanent Resident without leaving.

Not an option many have, but a nice one.

My father owns a small construction business and does need help and is looking to hire someone to work for him and wouldn't mind hiring my fiance. Would it be possible for him to apply for a work visa, for us to marry and then for him to adjust status without leaving as this post says? We have not filed for any visa at this point yet.

Or, would he have to leave the US, and re-enter as either visa? If so which would be a better option for us?

I hope that all makes sense! Thank you so much for looking

[Inky 1,111]

H1B is going to cost thousands of dollars and hes going to have to have a company lawyer file for it. He also has to prove that your guy is the ONLY person that can do the job in the whole world. Most of the H1B visa slots are already filled for 2012 and you would be waiting a very long time.

H1B requires him to have a bachelors degree among other things.

Stick with the K-1 or marry and file a CR-1.

[WhiteFox 7]

Thank you so much for the fast reply! A bummer, but atleast that's all cleared up, H1B won't work out for us. Thank you again!

[S and R 8]

Thank you so much for the fast reply! A bummer, but atleast that's all cleared up, H1B won't work out for us. Thank you again!

Investigate the E-3 visa as well, it is a work visa available to Australians only and the quota is never filled - only 2000 were used last year out of the 10,500 allocated annually.

[lynJer 7]

Investigate the E-3 visa as well, it is a work visa available to Australians only and the quota is never filled - only 2000 were used last year out of the 10,500 allocated annually.

Now thats the visa I was going to get then my NOW hubby applied for the k1.

An Aussie mate in Philly pays THOUSANDS Of dollars for her work visa and I think hers is the E visa...she said to me that its the one that only AUSTRALIANs get.....

If it was me....Ide be marrying and then applying to reunite via the cr1

K1 visa is a bit of a hassell....it throws you onto a time line that you have no control over and your supposed to organise a wedding/wedding dress/ invite family from the other side of the world/ etc etc....

Shhshshsh but I know someone who got married on the visa waiver then just did a status adjustment while still in usa and it was approved.... cant remember any further details on that one...but worth investigating...

GOOD LUCK