Jump to content
Olive25

Temporary work visa and K1 visa?

 Share

6 posts in this topic

Recommended Posts

Filed: Timeline

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?

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

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!

K-1 VISA ADVENTURE:
04-01-2012: Engaged in Detroit, Michigan at Comerica Park!
USCIS
05-02-2012: Sent I-129F to Dallas Lockbox
05-14-2012: Received Physical NOA1
08-09-2012: Received Physical NOA2
Montreal Embassy
08-21-2012: Package 3
09-06-2012: Package 4
11-12-2012: Medical in Toronto, Ontario (Approved-Went Well! Tip: Make sure you have ALL of your vaccinations up to date when you go to your medical exam! It CAN delay things.
11-19-2012: Interview in Montreal (APPROVED!!)
11-21-2012: Received Passport and Visa Package Back From Montreal (DHL/LOOMIS OPENED OUR SEALED ENVELOPE! SENT BACK TO MONTREAL ON 11-23-2012 TO BE RESEALED)
12-04-2012: Recevied resealed Visa package from Montreal
12-23-2012: POE: Port Huron, Michigan (Everything Went Great!)
02-16-2013: Wedding Date! We're MARRIED!

AOS

06-18-2013: Sent AOS Package to Chicago Lockbox

06-20-2013: USPS Estimating Package Should Arrive in Chicago

06-24-2013: Received NOA Text and Emails for All Applications

06-27-2013: Received Physical NOAs for AOS, EAD and AP

07-16-2013: Biometrics Appointment

07-29-2013: I-485 Ready for Interview to Be Scheduled!!! YAY!!!! (No EXTREMELY Long Wait!)

08-02-2013: Received Mail with Interview Date!

09-03-2013: Interview in Detroit, Michigan (APPROVED!)

09-04-2013: EAD/AP Approved! (Even though it no longer matters because GC was approved the day before)

09-09-2013: Green Card mailed out via USPS 2-Day Air

09-11-2013: Received 2 Year Conditional Green Card in the Mail

Link to comment
Share on other sites

Filed: Timeline

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).

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

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 by Olive25
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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

What does the Immigration LAWYER say?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...