Temporary work visa and K1 visa?

[Olive25 3]

Hello

Thanks everyone for the help so far. I’ve read so many threads and think this is such a great resource.

Just a brief overview of my situation… My partner and I are planning to file our paperwork to start the K1 visa process in early 2014. We planned to close the distance at the end of the year...

I was recently headhunted by a past client of mine who wants me to join his company. The company has offices in Canada and the US. The office in Canada is not close to my home (1 hour flight or 5-6 hr commute) and being in a LDR and owning my property, I didn’t want to move for the first half year to work in their Canadian offices. In the last few weeks, we’ve talked about the potential of me working and doing the training out in the US office (same state and city as my partner). This of course makes me EXTREMELY happy… because our chances to be close together would come sooner rather than later.

I just want to know what the process is in obtaining a 3-6 month work visa to do training at the US headquarters? I would think if the process wasn’t too troubling, that the company and I can make it work and they will want to extend their offer. Also before I consider accepting an offer, I'd like to know if having a temporary work visa and applying for a K1 while I am in the US would hurt our chances of approval? We have been in a long distance relationship for 2 years and can prove that we are a legitimate couple and that our relationship has gone back longer than this job. We have historically travelled back and forth from the US-Canada/Canada-US once a month and see each other frequently. Do you foresee an issue?

[amberlynnloves 125]

I don't think you can do the K1 and a work visa at the same time.

What I'd recommend is that you get married now, file CR1 so that you can work right away when its approved. You'll get a Green card right away when you enter the USA. As opposed as to having to do K1, get married and wait 3-12 months for green card. Just my opinion!

Good luck with your decision though and congratulations on getting married!

[Olive25 3]

I don't think you can do the K1 and a work visa at the same time.

What I'd recommend is that you get married now, file CR1 so that you can work right away when its approved. You'll get a Green card right away when you enter the USA. As opposed as to having to do K1, get married and wait 3-12 months for green card. Just my opinion!

Good luck with your decision though and congratulations on getting married!

Thanks for the reply! I've asked a few people and have some conflicting opinions. I did end up calling the customer service line... twice. Just to make sure.

Apparently, It's not a conflict to be on a temporary work visa and file/petition for the K1. The only issue is timing... If I am still in the US on a temporary work visa and I get approved on my K1, I must leave the country and begin the process of the K1. I would still have to go through the 90 day period of getting my AP/EAD done after I get married and enter the US for the second time.

So I just need to make sure that my training is less than the wait period that is given for the K1 visa to be approved or extend my filing date. However, if I'm understanding correctly, it would be frowned upon for me to be on a temporary work visa, get married, and apply for a spousal visa. Because that could be seen as immigration fraud (which is what im trying to avoid by doing as much research before taking the job offer).

[Boiler 45,527]

I see a number of issues that would need to be discussed with the Companies Immigration Lawyer.

Do you need a Work Visa or can ot be be done on the VWP/B.

If you do need a work visa, can you get one.

[Olive25 3]

I see a number of issues that would need to be discussed with the Companies Immigration Lawyer.

Do you need a Work Visa or can ot be be done on the VWP/B.

If you do need a work visa, can you get one.

I don't believe it would be a VWP/B because I would be in the US for work and not for a course that has no credit. I would still be paid during the time I am in the US through the Canadian offices, I believe. I still need to figure out those details of course prior to accepting any offer.

I can obtain a work visa through the companies immigration lawyer. The company has multiple US and Canadian offices (as well as offices in Asia and Europe). Recently, the US HQ acquired another Canadian company so the majority of the people in the office have flown to the US HQ for 3-9 months (depending on seniority) to do an on boarding program because essentially we'll be reporting to our US executives/parent company even though we are working in and out of our Canadian offices most of the time.

When I called the Immigration helpline, both agents said that I can be on a temporary work visa and still file for the K1 visa. The only issue is timing... so if I'm doing training for 3 months, I would be fine. If I were to do training for 6-9 months, they recommend that I delay my petition date. Because once my visa is approved and an interview is set, I need to leave the country and 're-enter' under the K1 and go through that process. I would still have to apply for the EAD/AP (which takes 90 days) and the employer is aware of that. So I'd have to take a leave and return to work in my US remote office (most of our consulting positions are remote with requirements to travel to your HQ once every 2-4 weeks) after I apply for the EAD/AP and have it approved.

Edited October 2, 2013 by Olive25

[Boiler 45,527]

What immigration helpline, hopefully you are not talking about the misinformation line?

What does the Immigration LAWYER say?