After K1 visa and work abroad

[neoseo1300 0]

I’ve been reading a lot about visas and I remain quite puzzled by my situation. I would like your help to identify which road I should take going forward.

A few words to explain: my girlfriend (US citizen) and I (French citizen) just got engaged and we are planning to apply for a Fiancé Visa K1 in order to allow me to move to the US eventually. I know that, once I move there, I have 90 days to get married and I’m okay with that. What’s bothering me is what comes next.

I know I’m supposed to apply directly after getting married for AOS + EAD + AP however it seems that EAD and AP take several weeks/months to get. First of all, how do people manage that ? How are you supposed to stay in a country without being able to work for months there?

As I’m currently working in Banking in France, I don’t plan quitting my job before I’m sure I found a similar one in the US (but obviously, US banks won’t hire me if they need to sponsor me). Therefore, once married, I won’t have enough time in the US to get the EAD and AP as I will have to come back to France for work (and taking 3-month vacations is obviously out of the picture).

I understand that Consular Processing (CP) could enable me to launch the green card process while still being able to work for my company in France, right ? My questions are the following:

* How does it work? Should I leave the country once married and apply for CP from the Paris embassy ?

* While CP is launched, is it possible to apply for EAD ? The idea would be to come back to France and work there while waiting for EAD and then apply to American companies when I received it without a need for sponsorship. Is it possible ?

* If I find a job in the US while on CP, can I switch from CP to AOS and move to the US ?

So basically, my wonder is: how do people who currently work abroad manage this Green Card/fiancé process without having to quit their current job ? (especially when you can’t secure another one in the meantime)

Thanks a lot for your help !

[Georgia16 2,858]

If you leave after K-1 and without the AP then you will not be able to return. Seems like a waste of money.

Get married and apply for a CR-1 visa takes about a year but you can travel and work right away so you can get a job right away when you enter the US.

[Penguin_ie 5,994]

**** Moving from K1 to What Visa Do I Need forum *****

The K1 visa is not for you if working is important; go for the CR-1 spousal visa, which takes longer, will enable you to work and travel right away. You can also visit your wife during the process on your VWP, and look for jobs then. Consular processing (DCF) is not available in France.

[neoseo1300 0]

Thanks for your answer. To get the CR-1 visa, do I need to get married somewhere specific ? And what happen if I get married in the US (while i'm on a tourist visa / Esta) ? Won't it be considered as a fraud or something similar ? (which would mean I have to get married abroad in any case)

Thanks again for your help !

[aleful 1,905]

hi

you can get married anywhere you like, and the problem isn't getting married on a tourist visa

the problem is the intent to stay and adjust status, but if you marry and return to France, it's not a problem

Edited September 3, 2016 by aleful

[neoseo1300 0]

Okay, thanks for the help.

Another question, what happen if I find a job in the US (and get a work visa) while waiting for the CR1 ? Can it be badly consider to apply/get a work visa when already waiting for a CR1 ? I don't want the CR1 to prohibit me from still looking actively for a job in the US and hoping to get sponsored.

Thanks

[Penguin_ie 5,994]

It depends on the work visa; some are dual intent and what you are planning is no problem.

Keep in mind that work visas often also have a waiting period; for example one of the most common ones, the H1B, the next applications will be accepted in April 2017, for starting work in October 2017. You could have your CR-1 by then.

[neoseo1300 0]

Okay I see, then the most straightforward solution is indeed to apply for the CR1 and wait for it.

Thanks again for the help !