Work Visa & K1 Fiance Visa (Pros and Cons?)

[Minihaha 0]

Hello,

We would be very grateful if you could help me to answer the following questions with regards to the Fiancé vs Work Visa.

I am planning on moving from the UK to the US to get married. At the moment my company will be providing a work visa to be allowed to work in the US. Parallel to this i also have been following the process to obtain a K1 Fiancé Visa to legally enter the country and to be allowed to married.

• Please can you help me understand if the two visa will be conflicting to one another?
• If i am allowed to marry and work on just the work visa?
• If the process of adjustment of status post marriage would be more difficult on the work visa alone? or should i also have the fiancé visa as supplementary information?
• Would i be allowed to leave the country on the work visa? while undergoing an adjustment of status

Any advice would be very much appreciated,

Thanks

[canadian_wife 1,822]

What kind of work visa will your company provide you with?

Good luck

[Nich-Nick 3,354]

Hello,

We would be very grateful if you could help me to answer the following questions with regards to the Fiancé vs Work Visa.

I am planning on moving from the UK to the US to get married. At the moment my company will be providing a work visa to be allowed to work in the US. Parallel to this i also have been following the process to obtain a K1 Fiancé Visa to legally enter the country and to be allowed to married.

• Please can you help me understand if the two visa will be conflicting to one another?
• If i am allowed to marry and work on just the work visa?
• If the process of adjustment of status post marriage would be more difficult on the work visa alone? or should i also have the fiancé visa as supplementary information?
• Would i be allowed to leave the country on the work visa? while undergoing an adjustment of status

Any advice would be very much appreciated,

Thanks

If the work visa I think you are getting is in final stages, then you will get it soon because applications are usually April and those that make the cut get them in October. If work hasn't started the visa, then you will be in the 2015 cycle when applications open again in April. There is a limit each year and more apply than get one.

So assuming you get a work visa next month. You can marry in the US and adjust status to permanent resident from your work visa based on marriage to a US citizen. That is basically like adjusting status from a fiancé visa---change status from visa holder to permanent resident because you married a USC.

A fiancé visa is not required to marry in the US. It gets you into the country so you can marry. Remember not every country has VWP privileges that lets them travel to the US without obtaining at least a tourist visa first. Many can't get into the US except with a properly approved fiancé visa. If you are a UK passport holder, you could fill out ESTA and visit. You could marry while in the US, but your VWP entry as a tourist is assuming you will stay no more than 90 days.

[Boiler 45,559]

If the work visa I think you are getting is in final stages, then you will get it soon because applications are usually April and those that make the cut get them in October. If work hasn't started the visa, then you will be in the 2015 cycle when applications open again in April. There is a limit each year and more apply than get one.

So assuming you get a work visa next month. You can marry in the US and adjust status to permanent resident from your work visa based on marriage to a US citizen. That is basically like adjusting status from a fiancé visa---change status from visa holder to permanent resident because you married a USC.

A fiancé visa is not required to marry in the US. It gets you into the country so you can marry. Remember not every country has VWP privileges that lets them travel to the US without obtaining at least a tourist visa first. Many can't get into the US except with a properly approved fiancé visa. If you are a UK passport holder, you could fill out ESTA and visit. You could marry while in the US, but your VWP entry as a tourist is assuming you will stay no more than 90 days.

More likely a L than a H.

[TBoneTX 45,329]

*** Thread moved from K-1 Process forum to the Work Visas forum -- OP appears poised to receive a work visa. ***

[Mollie09 1,543]

If you get a work visa (whether L or H) you don't need a K-1. You can come to the US, marry, and stay as long as you'd like under the work visa before it expires. L and H are dual-intent visas, meaning you don't have to prove you intend to leave after the visa expires, as is the case with tourist and student visas.

To get a green card and stay permanently, you'd file for AOS from the work visa based on marriage to a US citizen. During AOS you can still travel with your work visa, provided you have maintained your status and the visa is still valid. You can also apply for EAD and AP, but mostly as a safety net.

During my AOS from an H1B, I applied for EAD/AP and got it less than a week before the interview. In the meantime I kept working and traveling (internationally too) on the H1B with no issues.

Good luck!