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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

My fiance could potentially be offered a temporary work visa in the coming months. I'm not sure how that might affect our K1 visa process. At this time, we're just about ready to submit the I-129F petition, but I don't want that petition to affect this potential work permit, or more importantly, I don't want the work visa to somehow disrupt the K1 process. Can he work in the US on this visa while we're in the I-129F stage, perhaps? The answer is probably on here somewhere, but I can't seem to search for it, so I'm asking the VJ community directly. Thanks so much.

Posted

There might be a better option. If he is already comming to the US on a work visa, you can get married in the US, and then file for Adjustment of Status (AOS) skipping the 6 months or so wait for the inital visa. So you might want to consider waiting until after you know if the work visa is going to happen.

keTiiDCjGVo

Filed: K-1 Visa Country: Turkey
Timeline
Posted

Dear Pikes -

If your fiance receives an H1B visa, your immigration process will be so much easier! AOS is the next step!!

Good luck -

M and M

MM and MS

San Francisco and Istanbul

I-129F Received (CSC): February 21, 2007

Filing Fee Check Cashed: February 26, 2007

NOA1 Issued: February 28, 2007

Touched: March 1, 2007

Touched: May 7, 2007

RFE Issued: May 8, 2007

RFE Reply Sent: June 25, 2007 (wrong PO Box)

RFE Reply Sent: July 12, 2007 (correct address)

RFE Reply Received (CSC): July 19, 2007

Touched: July 20, 2007

NOA2 Issued: July 27, 2007

Petition Received (NVC): August 20,2007

Petition Sent to Embassy (Ankara, Turkey): August 22, 2007

Packet 3 Arrived: September 11, 2007

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
Dear Pikes -

If your fiance receives an H1B visa, your immigration process will be so much easier! AOS is the next step!!

Good luck -

M and M

:yes:

But will we later be fingered for visa fraud? In the I-129F process, we're proving that we actually have met, but if he gets a work visa and then we get married, will we have to prove that we don't already know each other?

Posted
But will we later be fingered for visa fraud? In the I-129F process, we're proving that we actually have met, but if he gets a work visa and then we get married, will we have to prove that we don't already know each other?

You might want to ask a lawyer, but my understanding is that H1B allows so-called "dual intent". In other words, you are allowed to plan to adjust status later.

Bartek

Filed: Country: Canada
Timeline
Posted

Yes.. but you should be pretty open and honest about the fact that you will be eligible to work in the US eventually based on your spousal relationship to a US citizen. They may be wilkling to wait for you and save the many thousands of dollars to give you an H1B as well as using your spot for another H1B...

In addition, even if you did get an H1B, you would not be eligible for it until October 1 at the earlest as this year's quota for H1B's is already filled.....

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Actually, I think his potential US employer mentioned an L1 visa, not an H1B. I don't know what the differences are between the two. But in any event, I don't want a petition for a K1 to interfere with work for him and I don't want a work visa to interfere with post-marriage AOS.

He's here now on a tourist visa - and actually on the phone with the USCIS right now - where's the *shock* emoticon?!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

But then his current entry on a tourist visa would be considered fraudulent - we would have to prove that we somehow just met and decided to marry, when we've both got the passport stamps and a good paper trail proving that we already know each other.

At this point, I'm holding off on filing the I-129F petition packet until we can figure out this L1 vs. H1B work visa stuff. The USCIS just told him he can come over here on a work visa (either one of these) and we could legally marry without problem. But on the other hand, as soon as I get the K1 process rolling, then he wouldn't be able to get an L1 or and H1B. So for now, the K1 is on the back burner.

Filed: AOS (apr) Country: Peru
Timeline
Posted

Not necessarily. As far as I understand it, if when he entered the US you weren't planning on marriage, it would be okay. Proving that, on the other hand, not so easy...

But then his current entry on a tourist visa would be considered fraudulent - we would have to prove that we somehow just met and decided to marry, when we've both got the passport stamps and a good paper trail proving that we already know each other.

At this point, I'm holding off on filing the I-129F petition packet until we can figure out this L1 vs. H1B work visa stuff. The USCIS just told him he can come over here on a work visa (either one of these) and we could legally marry without problem. But on the other hand, as soon as I get the K1 process rolling, then he wouldn't be able to get an L1 or and H1B. So for now, the K1 is on the back burner.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Posted
But then his current entry on a tourist visa would be considered fraudulent - we would have to prove that we somehow just met and decided to marry, when we've both got the passport stamps and a good paper trail proving that we already know each other.

You are allowed to know each other. You are not allowed to enter as a tourist with an intent to marry. How can you prove that you decided to marry after he entered? I can think of:

- roundtrip ticket

- receipts for shipping his stuff to the US - you don't take everything with you when you intend to go back, do you?

- wedding date - not to soon after his entry.

If I were you, I'd talk to a lawyer. It can save you a lot of money and effort.

Bartek

Filed: Country: Canada
Timeline
Posted (edited)
But then his current entry on a tourist visa would be considered fraudulent - we would have to prove that we somehow just met and decided to marry, when we've both got the passport stamps and a good paper trail proving that we already know each other.

At this point, I'm holding off on filing the I-129F petition packet until we can figure out this L1 vs. H1B work visa stuff. The USCIS just told him he can come over here on a work visa (either one of these) and we could legally marry without problem. But on the other hand, as soon as I get the K1 process rolling, then he wouldn't be able to get an L1 or and H1B. So for now, the K1 is on the back burner.

Not exactly... to get an L1 visa, you would have to prove that you had no immigrant intent as this is a non-immigrant visa. Since the visa application asks if the applicant has a fiancee relationship with a USC, I don't think that is going to work.. the odds are that you would be denied if the applicant divulged the relationship and that you would be found guilty of fraud if you didn't declare it...

THe H1B is a dual intent visa, so you can have immigrant intent with it.. however, there are caps on the number that can be issued and it has already been exceeded for this year. Apploications for 2008 H1Bs will not be taken until April 1, 2007 and cannot be issued before October 1, 2007. However, due to the amount of work required of attorneys to process the H1B paperwork, most attorneys will not take your case at this time without a significant markup in fees... The majority of attorneys require the paperwork from the employer before January 1.

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Someone at the USCIS just told him it would be okay to enter on an L1 and get married. I haven't seen the application for it, myself. I think the potential employer mentioned another H class visa, though - an H2, perhaps? For now, I think I will set aside the I-129F paperwork until we can get some clearer information about all this. I wish the USCIS website was more user-friendly, though. ARGH!

 
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