Starting marriage process

[Nich-Nick 3,354]

One more (and hopefully last) follow-up question... I also recently found out that the company might be applying for an L1-A (executive intercompany transfer) for myself... What happens if they decide to do this whilst we have applied for the K1?

I mean, surely the USCIS will be moaning....

If the company got you an intra-company transfer visa to work in America, then you go to America on the visa and work as soon as you arrive. If you marry an American while working in America on a work visa, then you can apply to adjust your status from work visa holder to permanent resident based on marriage to a US Citizen. The I-130 spouse petition and the I-485 adjustment of status packet are filed concurrently...all in the same envelope.

People already in the US on work visas or student visas sometimes meet Americans and decide to get married. They don't go back to the UK to get another visa (spouse or fiancé) to get admitted to America. They are already admitted to the US legally on a work or student visa. They adjust their status. Some visas like J-1 require a 2 year stint in the home country so check eligibility. This is the forum for "Adjustment of Status from Work, Student, and Tourist Visas" http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/.

This is the guide for couples where both already live in the US. http://www.visajourney.com/content/i130guide2

[Mela17 36]

Just a tip: I bet a million bucks USCIS officers read these boards. Just like they read all our facebook accounts. If what you want to do is illegal, it's not hard to get caught these days if you are writing about it on public forums. The system is not perfect, no system is. But literally everyone who is in a binational relationship has to go through it. I personally do not understand people who choose not to tow the line. You have too much to loose. IE, as several people have said, deportation and a lifetime ban. This seems not to faze you.

[raven52 233]

There is no question, go the K-1 visa, about 6 months, then AOS is about 3 months, versus, a 12-16 month.,..,or longer I-130.,.,. take your chances on the K-1,..,.,follow the forums on this site on what to file, and how to do it.,.,.,.,K-1 by all means.,,. yes you will miss about 90 days before you get your EAD/AP card.,.,

Just read the links on this site, K-1 time frames, vs. I 130.,.,.no comparison.,.,.,,IF.,., all YOUR paper work is submitted properly.

[NikLR 13,227]

There is no question, go the K-1 visa, about 6 months, then AOS is about 3 months, versus, a 12-16 month.,..,or longer I-130.,.,. take your chances on the K-1,..,.,follow the forums on this site on what to file, and how to do it.,.,.,.,K-1 by all means.,,. yes you will miss about 90 days before you get your EAD/AP card.,.,

Just read the links on this site, K-1 time frames, vs. I 130.,.,.no comparison.,.,.,,IF.,., all YOUR paper work is submitted properly.

K1 takes longer to green card and costs significantly more.

Also not everyone is comfortable with being stuck in the USA for 60-90 days not being able to work or travel outside the USA.

For me, that wasn't an option, period. There was no way on this earth I would be okay with that or even waiting on emergency AP.

[JE57 239]

Seems like the best option for the OP is that he move to the USA on a Work visa with his company and then Marry sometime after he arrives. The question is where is the line drawn. If he gets the work visa and marries within a week of arrival and then attempts to adjust status immediately after that then that looks a lot like VISA fraud in that his intent was to immigrate on a temporary work visa. BUT, he seems to have a legitimate job with a legitimate US company who is willing to relocate him to the USA. If he moves to the USA on a work visa with the intention of remaining in the USA for work then can the fact that he has a girlfriend here already be considered visa fraud when he subsequently marries and adjusts status. As others have pointed out, The K-1 and the CR1 both have significant drawbacks for his situation aside from the being apart from his loved one. The CR1 would be the safest way to go but it seems there is a risk of him being turned back at the border once it's filed when he makes his necessary work trips to the USA. Perhaps he is entering the USA for work trips on other than a B2 visa which would be less likely to deny entry to a person with dual intent thus making the IR-1 a valid option?

[robbert000 2]

Hi all,

Been a while since I posted.
I was in the US the last couple of weeks to visit my fiancee and we filled in all the forms, being;

• Payment in the amount of $340.00 by cheque
• I-129F
• I-129F Supplement: Part 2, Question 34.a, explanation of meeting in person
• G-325A and passport style photo (Petitioner)
• G-325A Supplement: Address & Employment continuation sheet
• G-325A and passport style photo (Beneficiary)
• G-1145
• Birth certificate/US Passport (Petitioner)
• Letter certifying intent to marry (Petitioner and Beneficiary)
• Statement & proof of having met in person in the past two years (which included a statement, a couple of fairly recent pictures and printouts of all my flights to the US)

She'll send the forms out today...

So here a couple of questions;
- Border Patrol has a bit of a problem letting me in nowadays because of my many visits for work, however once we receive message back from USCIS that the visa application is taken into processing, I assume I should have no problem entering the US for personal visits because they should be able to see the visa application in processing right?

- Once we are married and we file for the change of status, from what I understand for that period I'm NOT allowed to work. Which can take up to 3 months. Is there any legal way around this? Because it seems a bit ridiculous to have a job waiting for me and not be able to.. Why should I not contribute to the US economy if I can???
Is there like a governour or something I should write, some way of waiving this waiting period?

Thanks all

Edited June 25, 2014 by robbert000

[robbert000 2]

I noticed the following on the USCIS page though, form I-765, Application for Employment Authorization

But can I file this WHILE we just filed for the I129F or should we wait until we're married?

Because if the latter is the case, then whats the point, since the adjustment of status only takes 3 months and the EAD takes longer...

[Nich-Nick 3,354]

I noticed the following on the USCIS page though, form I-765, Application for Employment Authorization

But can I file this WHILE we just filed for the I129F or should we wait until we're married?

Because if the latter is the case, then whats the point, since the adjustment of status only takes 3 months and the EAD takes longer...

You can't do a separate I-765 before you have a K visa. It would only authorize you to work until your I-94 expired. That means 90 days from your entry. So if it processed fast and you got it in 60-70 days, you would have only 20-30 days to work. Then you quit by day 90 after your entry. It is not renewable.

There is no point in paying the fee to file a separate I-765.

If you file I-765 with your AOS, there is no fee. Free with AOS. Filing that way, you could get the work authorization in 60-70 days if you are lucky and it doesn't expire for a year. Your greencard would likely take longer than the EAD, so it is a way to work before the greencard arrives.

[robbert000 2]

Thanks Nick,

I'm a bit confused now though... I was under the impression that after marriage, I'd apply for the AoS and once that has been finalized (3 months or so) I would be legally able to work...

That's the main reason I asked what the point was of filing for the EAD once married, because if it takes 2.5 months to get it processed then it really has no point.

But from what you're saying it sounds more like that I always have to file an EAD together with AoS to be able to work. Correct?

One more minor piece of advice needed... I was just talking to our HR department. And because I'm not able to work for 3 months, they are willing to pay me 3 months salary in advance in my UK bank account. And then I get a 3 months leave approved. Would this still be legal? Since I'm obviously not working but the company just willing to help me out for those 3 months.

[Nich-Nick 3,354]

Thanks Nick,

I'm a bit confused now though... I was under the impression that after marriage, I'd apply for the AoS and once that has been finalized (3 months or so) I would be legally able to work...

That's the main reason I asked what the point was of filing for the EAD once married, because if it takes 2.5 months to get it processed then it really has no point.

But from what you're saying it sounds more like that I always have to file an EAD together with AoS to be able to work. Correct?

One more minor piece of advice needed... I was just talking to our HR department. And because I'm not able to work for 3 months, they are willing to pay me 3 months salary in advance in my UK bank account. And then I get a 3 months leave approved. Would this still be legal? Since I'm obviously not working but the company just willing to help me out for those 3 months.

Look at this timeline for an example http://www.visajourney.com/timeline/profile.php?id=153757

The couple filed for AOS/EAD/AP In January.

65 days later she got authorized to work by having EAD approved.

The AOS (greencard) is still pending.

Once the greencard is issued, it authorizes working, but most of the time EAD approval happens first. The sample timeline person would still be waiting to work had they not sent the free EAD application with the AOS.

Here's another random couple http://www.visajourney.com/timeline/profile.php?id=179530

Filed AOS/EAD last December

Got work authorization in February

AOS interview is next month...7 months after applying.

You asked "But from what you're saying it sounds more like that I always have to file an EAD together with AoS to be able to work. Correct?"

You do not have to file EAD to be able to work. You can wait 7 months on the greencard which allows you to work. But EAD might get you working after only 2 months.

[robbert000 2]

Ok, so I think I got it then and apparently while the AoS is pending you're just not allowed to work at all.

In that case it does make sense to file for the EAD indeed, and then hopefully that will happen within those 3 months the company agreed on paying me in advance while I'm taking the 3 month break.

[Nich-Nick 3,354]

Ok, so I think I got it then and apparently while the AoS is pending you're just not allowed to work at all.

In that case it does make sense to file for the EAD indeed, and then hopefully that will happen within those 3 months the company agreed on paying me in advance while I'm taking the 3 month break.

And to further clarify what I posted first to you. It is also allowed to arrive on a K1 and file immediately only for EAD based on the K1 visa. Nothing to do with marriage or adjustment of status. You pay a fee of $380 when you file separately on the basis of a K1 visa. So you wait 60-90 days to get it. It expires on Day 90 after your entry into the country because that is all the entry you get on a K1 visa. On Day 91, you are no longer authorized to work if you file this way. Kind of a waste of $380 when you may not even have the card but a week before it expires or possibly after it expires.

When you do the combo filing with AOS, it is free and has a 1 year expiration, and is renewable (free) if something weird happened and the greencard took over a year to be approved.

If you have a job, you can try to expedite the EAD based on having a job offer. Here is a success story

http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

[robbert000 2]

Thanks everyone..

The post has been sent on the 25th and the cheque for the I129F has been cleared now..

Let's hope it all goes quick and smooth :-)