Apply for IR-1 and temporary work visa at the same time?

[dkusma 0]

My wife recently filed an I-130 petition on my behalf (I'm a Danish national) and we are now waiting for it to be processed. From what I can read on this forum we should probably expect things to take 6-8 months (hopefully).

Recently however, my (Danish) job and I have been discussing that we might send me to work for them at their US office. I could just wait for the I-130 to be processed and an IR-1 visa issued and then move over there and start working, but I wanted to know if there is any way you could apply for a temporary work visa (like O-1) that would allow us to move there earlier, while the I-130 is being processed? I know that one should be careful about applying for several visas at the same time as this could be considered fraud but I wonder if there is a legal way to do this?

[Harsh_77 718]

If it is like business meetings and stuff than you can apply for B1 and chances are it may be granted as well.

If you are working for same employer not sure if they can file O1 for you. O1 is normally for someone with extraordinary skills, if your employer is going to file than they should be filing like B1 of L1.

[dkusma 0]

Thanks for your reply.

If it is like business meetings and stuff than you can apply for B1 and chances are it may be granted as well.

I would be employed by our US based office, which technically is its own entity (so not a branch of my current company). This company would then hire me full time. This would enable us to move to the US (and work) while waiting for the I-130 to be approved. So I would be an employee like any other US resident could be.

If you are working for same employer not sure if they can file O1 for you. O1 is normally for someone with extraordinary skills, if your employer is going to file than they should be filing like B1 of L1.

Yes, maybe the B1 is the way to go. Is there any reason to believe that applying for a B1 while I am also being petiotioned for by my wife, should cause any issues for the I-130? Would they consider it fraud?

[Asia 2,498]

But you can't work (earn money) on B1 visa.

You can be a consultant or have some business meetings, you can even look for a job, but you can't work.

B-1 Temporary Business Visitor

Edited December 28, 2012 by Asia

[Cathi 5,755]

Just to clarify the IR-1 is for couples who have been married 2 years or longer. If you have been married for less than 2 years it would be the I-130 for CR-1 visa

[dkusma 0]

Just to clarify the IR-1 is for couples who have been married 2 years or longer. If you have been married for less than 2 years it would be the I-130 for CR-1 visa

We have been married for 3 years so we should qualify for the IR-1.

Does anyone know what the most optimal solution is in me case? I basically wan't to go and work in the US at a specific US company until the visa gets approved. Can I do that while still applying for the IR-1 visa?

[TBoneTX 45,304]

*** Thread moved from CR-1 Process forum to Work Visas forum -- OP's immediate concern involves work visas. ***

[Penguin_ie 5,993]

Does anyone know what the most optimal solution is in me case? I basically wan't to go and work in the US at a specific US company until the visa gets approved. Can I do that while still applying for the IR-1 visa?

You can, and your employer's lawyer will know the best visa to apply for for the type of work you do. It may be more difficult to get approved as you have an immigrant visa in the works, but it';s not impossible.

[Boiler 45,525]

Sounds more like a L1, which does allow dual intent.

The company sorts it out, they pay and presumably will pay your costs.

Sounds like an excellent option.

[dkusma 0]

Sounds more like a L1, which does allow dual intent.

Thanks for your input. Would you think one can apply for a L1 visa (through the company) while simultaneously applying for a IR-1?

[Boiler 45,525]

Yes