K-1 Visa and no marriage

[litlmina 40]

Wow, talk about harsh.

If anyone here has read The Phantom Tollbooth, they would know how dangerous and unproductive it is to jump to conclusions.

Did she file for permission to work on her K-1 visa, or did she receive some kind of temporary work approval when she entered the country?

[Deputy Purple 1,294]

Did she file for permission to work on her K-1 visa, or did she receive some kind of temporary work approval when she entered the country?

1. Filing for EAD on K-1 is worthless as if you apply on the day you land you'd receive it about 2 weeks before your I-94 expires and the EAD would expire with the I-94.

2. There is no "Temporary Work Approval when you enter the country" on a K-1.

If she's working it's illegal, period.

[litlmina 40]

1. Filing for EAD on K-1 is worthless as if you apply on the day you land you'd receive it about 2 weeks before your I-94 expires and the EAD would expire with the I-94.

OP - It appears that Bob 4 Anna has access to USCIS files and can tell you that every I-765 petition takes 76 days to be approved. And we know that everyone's journey always follows the estimated times that are posted on the USCIS website. The people who had paperwork approved in less time must be lying to make the rest of us frustrated.

/sarcasm

Have you ever heard the saying about making assumptions?

Is there a way for her to work here legally on her K-1 visa? Yes, there is. Is it the most efficient way to obtain a work permit? No. None of us know the details of her situation, but the best way to find out is to ask.

[belinda63 3,038]

There are only two ways on a K-1 visa to obtain a work permit. File for it immediately upon entry, pay for it, and it will expire when the I-94 expires. OR marry the petitioner and file for AOS. Assuming she mailed the application for the work permit the day she arrived she might, might possibly have received it within one month. She would also have to have a social security number which she could not obtain for at least two weeks as she has to be in the system to get it. Although she could have one from a previous time. Chances of this happening in less than one month after arrival, nothing is impossible but it is highly improbable.

Answer to the topic has been given, no need to judge the person as they are in a tough situation.

[RickJovi 81]

There are only two ways on a K-1 visa to obtain a work permit. File for it immediately upon entry, pay for it, and it will expire when the I-94 expires. OR marry the petitioner and file for AOS. Assuming she mailed the application for the work permit the day she arrived she might, might possibly have received it within one month. She would also have to have a social security number which she could not obtain for at least two weeks as she has to be in the system to get it. Although she could have one from a previous time. Chances of this happening in less than one month after arrival, nothing is impossible but it is highly improbable.

Answer to the topic has been given, no need to judge the person as they are in a tough situation.

Just curious, could she actually file an VAWA petition? Just curious as it seems it is used for people who's petitioner uses threat, etc.... against and immigrating fiancee/spouse.

[Deputy Purple 1,294]

Just curious, could she actually file an VAWA petition? Just curious as it seems it is used for people who's petitioner uses threat, etc.... against and immigrating fiancee/spouse.

Anybody can file a VAWA petition, the real question is could she get it approved?

[VanessaTony 3,567]

Just curious, could she actually file an VAWA petition? Just curious as it seems it is used for people who's petitioner uses threat, etc.... against and immigrating fiancee/spouse.

No she cannot. They are not married.

Anybody can file a VAWA petition, the real question is could she get it approved?

I believe they have to be married for her to file VAWA

[VanessaTony 3,567]

Wow, talk about harsh.

If anyone here has read The Phantom Tollbooth, they would know how dangerous and unproductive it is to jump to conclusions.

Did she file for permission to work on her K-1 visa, or did she receive some kind of temporary work approval when she entered the country?

You're right, we don't have a timeline and we did jump to conclusion but no-one was particularly harsh.

She wouldn't have got any sort of work approval on entering (though the EAD stamp still exists it isn't valid for work), and the likelihood of her fiance paying for an EAD when he wasn't even planning to marry her and it being approved in less than a month is HIGHLY improbable.

Sometimes you have to use the "big scary words" to get people to understand, working without an EAD is ILLEGAL and she can get into REALLY bad trouble. Hopefully she got her own SSN but if she didn't and is using someone else's that's even MORE trouble (not assuming she did but some people do).

The truth of the matter is she has no choice but to leave the US before her I-94 expires to keep herself out of trouble, AND stop working if said work is without an EAD (thanks Tbone for the correction).

[Deputy Purple 1,294]

No she cannot. They are not married.

...

I believe they have to be married for her to file VAWA

That may be true to get approved but anybody can file a VAWA petition, just not successfully.

BTW, I could swear there was at least on thread on VJ where the ability to file VAWA without marriage was discussed and had been addressed in one of the Federal Courts that actually allowed it. I could be mistaken though.

[VanessaTony 3,567]

That may be true to get approved but anybody can file a VAWA petition, just not successfully.

BTW, I could swear there was at least on thread on VJ where the ability to file VAWA without marriage was discussed and had been addressed in one of the Federal Courts that actually allowed it. I could be mistaken though.

True true. It says on Page 5 of the I-360 instructions though "spouse or child" http://www.uscis.gov/files/form/i-360instr.pdf so I doubt it but either way choosing not to marry isn't abuse.

It sucks for her but I'll be honest and say a MONTH in and she has somewhere to live and a job lined up??? Something isn't right. How many of us new immigrants were able to financially support ourselves a month after arriving? I was planning the wedding and getting settled in... I wouldn't have WANTED to stay after a month either if my relationship failed. That said I was/am here for Tony and not the GC and living in the US was NEVER in my plans before meeting him... some people can't wait to escape their country, I just wasn't one of them but maybe the OP's friend is... you never know.

[Deputy Purple 1,294]

It sucks for her but I'll be honest and say a MONTH in and she has somewhere to live and a job lined up??? Something isn't right. How many of us new immigrants were able to financially support ourselves a month after arriving? I was planning the wedding and getting settled in... I wouldn't have WANTED to stay after a month either if my relationship failed. That said I was/am here for Tony and not the GC and living in the US was NEVER in my plans before meeting him... some people can't wait to escape their country, I just wasn't one of them but maybe the OP's friend is... you never know.

I agree completely with this...

The whole thing would also be a little more believable if the OP hadn't just joined only to post about their "friend"...

[Brian121957 43]

The K-1 is not supposed to be a get to know you better visa. The couple is supposed to have a SOLID relationship which also means all the information and preparations for living in the US versus their country should have been thoroughly discussed and vetted out.

Unfortunately this is some times not the case and it is not a flaw in the K-1 process but a flaw in that particular relationship.....the major onus falls on the Petitioner's shoulders to ensure their Beneficiary is well prepared for life here.

The US indeed does not allow many foreigners to visit here and that is due to other reasons......

Petitioners should understand the potential problems when they start up a relationship with a person from one of these countries.....if they do not want to put out this effort, then they should not be dating someone from these countries. No one said it was going to be easy.

And love has nothing to do with the process.

May be the term "flaw" is to not quite right.

Even if you just allowed the beneficiary to return home and then reenter a second time in the 90 days would be a big improvement to the beneficiary.

It is not the USC who is taking the big risk. The USC can typically go visit there partner in there home country. The USC can see how they live. The USC can meet all the relatives. The USC gets total access to just about every thing about there Fiancé. It is the Beneficiary who takes all the risk. It is the Beneficiary who is asked to trust everything that the USC tells them.

It does not sound like it was the beneficiary who got "cold feet" this time so I don't know if it would have made any difference this time.

[Deputy Purple 1,294]

It is not the USC who is taking the big risk. The USC can typically go visit there partner in there home country. The USC can see how they live. The USC can meet all the relatives. The USC gets total access to just about every thing about there Fiancé. It is the Beneficiary who takes all the risk. It is the Beneficiary who is asked to trust everything that the USC tells them.

None of this is true for the countries who are in the Visa Waiver Program... We still see a lot of K-1 Visas from those countries...

[Sean86 31]

I agree completely with this...

The whole thing would also be a little more believable if the OP hadn't just joined only to post about their "friend"...

Its funny how people in absurd situations always try seeking advice for a so called "friend", "neighbor" or "work colleague" and then run away without posting another reply other than starting the thread.

[xavierwayne 0]

Thank you everyone for your reply and concerns. I truly appreciate it and keep them coming.

Like a previous poster has mentioned, she has a job lined up but has not started working yet because she does need that work permit. So she has not broken any laws.

I am currently looking into the VAWA option that was mentioned as she did call the police that night as she felt threatened by him and they came and got her out of there. She is not sure though if a report was filed, I still need to follow up with that.

She also called her Consulate and unfortunately they really couldn't help her further either as they never got married...

Thank you everyone for your reply and concerns. I truly appreciate it and keep them coming. Any suggestions are welcome.