what would happen...

[Kristen&Mark 0]

So, after telling my love how long it would probably take (we are still waiting on papers from Nicaragua to get here to send it in)... we are sad and frustrated. He could possibly get a work visa from a fishing company in the states and be here sooner. We made up our minds a while ago that we would just file the fiance visa and wait. But I've been back in the states for a year and 3 months and we don't want to wait another 8 months before we can see each other. (He got denied a tourist visa) I went back to visit once and was thinking about it again this summer. It's so hard (I know you all understand) and we are impatient! We keep trying to be patient but it sucks.

So, my question is: after we file the I-129F, would it cause problems if he was working in the states (on the ocean) for a few months? He knows some people in the states that have a fishing company and they would hire him. But if this is going to mess up the process, we won't even consider it. Am I making any sense? AHHH, why is everything so hard?

I'm worried that if he worked here it would complicate things, but maybe he would get a social security number and stuff faster since he would be working?

[athena_ny 1]

So, after telling my love how long it would probably take (we are still waiting on papers from Nicaragua to get here to send it in)... we are sad and frustrated. He could possibly get a work visa from a fishing company in the states and be here sooner. We made up our minds a while ago that we would just file the fiance visa and wait. But I've been back in the states for a year and 3 months and we don't want to wait another 8 months before we can see each other. (He got denied a tourist visa) I went back to visit once and was thinking about it again this summer. It's so hard (I know you all understand) and we are impatient! We keep trying to be patient but it sucks.

So, my question is: after we file the I-129F, would it cause problems if he was working in the states (on the ocean) for a few months? He knows some people in the states that have a fishing company and they would hire him. But if this is going to mess up the process, we won't even consider it. Am I making any sense? AHHH, why is everything so hard?

I'm worried that if he worked here it would complicate things, but maybe he would get a social security number and stuff faster since he would be working?

There's a lot of work visas (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a7cc6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=48819c7755cb9010VgnVCM10000045f3d6a1RCRD), you really need to specify which one. The H1B has already reached its cap for fiscal year 2008 (October 1 2007 until September 30, 2008) and applications aren't being taken again until April 1, 2008.

There are other work visas, and maybe he could get one, but as far as I know, for a work visa the company has to sponsor you and a lot won't when they find out the costs involved. That said, wikipedia ( http://en.wikipedia.org/wiki/Dual_intent ) - and yes wikipedia is not the most reliable source, but I find it to be useful - this site ( http://www.hrm.msstate.edu/employment/Hiri...l_VisaTypes.htm ) shows similar info - shows that the visas that allow dual intent he would not be eligible for. And with a K1 visa petition on the books, proving that his coming here on a work visa doesn't have immigrant intent would be very difficult and then you start messing with the fraud issue.

From your post, I am not sure if he intends on working here temporarily, then returning for the K1 visa or if you want the work visa to get him here permanently. In the first situation, I don't see it as an issue, but again proving the ties to his home country etc would be more difficult - the second situation is an issue. Perhaps someone more knowledgable on work visas (like dr lha etc) will be able to provide you with more in depth information.

[MichelleandCraig 1]

Hmmmmmmm. I can't offer you any assistance either (truly sorry..would help if I could) but just one question...the way these fishing co. work out on the ocean etc....and I see you're in WI like me and not Alaska or something...you are often gone weeks at a time,etc.....would you really see each other much more than you would if he remained in his country? Just asking, not criticising.... good luck with your journey whatever you decide to do... M.

[Kristen&Mark 0]

Hmmmmmmm. I can't offer you any assistance either (truly sorry..would help if I could) but just one question...the way these fishing co. work out on the ocean etc....and I see you're in WI like me and not Alaska or something...you are often gone weeks at a time,etc.....would you really see each other much more than you would if he remained in his country? Just asking, not criticising.... good luck with your journey whatever you decide to do... M.

Thanks for responding guys! So, we aren't thinking about that anymore- I was against it right away (him at sea and me working and only seeing each other a little bit at a time). But it would have helped us financially- we'll be struggling! He sent his papers today DHL and we are praying they will get here!

[aliciaandfran 0]

Hi Kristen! My name is Alicia. My Husband is from Nicaragua. We were hesitant about the whole fiance visa route but it turned out to be perfect. We got our visa in 5 months from start to finish. He has been in the states since March 18th and already has a social security number. Because of his K1 status, when we applied for his social security number we were informed that he has temporary permission to work (until his K1 status expires~which is June). So, he has a job and we are working on adjusting status. Hope that helps.

[TracyTN 237]

Hi Kristen! My name is Alicia. My Husband is from Nicaragua. We were hesitant about the whole fiance visa route but it turned out to be perfect. We got our visa in 5 months from start to finish. He has been in the states since March 18th and already has a social security number. Because of his K1 status, when we applied for his social security number we were informed that he has temporary permission to work (until his K1 status expires~which is June). So, he has a job and we are working on adjusting status. Hope that helps.

He doesn't have EAD (only has an SSN) and he is working?

I don't think work is possible after a K1 without EAD. A social security number is not, on its own, permission to work.

[rebex05 1]

I just read your post and know how frustrating and sad it is to be apart for so long. For us it has been 15 months since we last saw each other and it is terribly hard. But we thought the same thing, that it would take longer than it is now and because of that we feel a new hope. This is a long and trying process, but ultimately you will make it and be together. The other thing is that if it is just too much to be apart any longer you could marry there and do a direct consular filing. I know he is not in Managua, but if there were anyway to travel between the two areas or fax things there, even mail secured mail there... you could marry there and file in country. I say this because a friend of mine found out that it was much shorter to do that and it took them only 5 weeks to get his spousal visa by filling in Managua. This might not be an option however if you need to keep your job and have no co-sponsor. I just encourage you two to hang in there and soon things will pull through for you. Also just make it work for you... so if you need to go see him again soon, take the time and do it. Best wishes to you both!!!

[no name 1]

Hi Kristen! My name is Alicia. My Husband is from Nicaragua. We were hesitant about the whole fiance visa route but it turned out to be perfect. We got our visa in 5 months from start to finish. He has been in the states since March 18th and already has a social security number. Because of his K1 status, when we applied for his social security number we were informed that he has temporary permission to work (until his K1 status expires~which is June). So, he has a job and we are working on adjusting status. Hope that helps.

He doesn't have EAD (only has an SSN) and he is working?

I don't think work is possible after a K1 without EAD. A social security number is not, on its own, permission to work.

He is technically working illegally unless he got the temp EAD stamp at JFK.

[payxibka 10,045]

Hi Kristen! My name is Alicia. My Husband is from Nicaragua. We were hesitant about the whole fiance visa route but it turned out to be perfect. We got our visa in 5 months from start to finish. He has been in the states since March 18th and already has a social security number. Because of his K1 status, when we applied for his social security number we were informed that he has temporary permission to work (until his K1 status expires~which is June). So, he has a job and we are working on adjusting status. Hope that helps.

He doesn't have EAD (only has an SSN) and he is working?

I don't think work is possible after a K1 without EAD. A social security number is not, on its own, permission to work.

He is technically working illegally unless he got the temp EAD stamp at JFK.

Is he or has the employer violated the provisions of the I-9?

[KarenCee 3]

Hi Kristen! My name is Alicia. My Husband is from Nicaragua. We were hesitant about the whole fiance visa route but it turned out to be perfect. We got our visa in 5 months from start to finish. He has been in the states since March 18th and already has a social security number. Because of his K1 status, when we applied for his social security number we were informed that he has temporary permission to work (until his K1 status expires~which is June). So, he has a job and we are working on adjusting status. Hope that helps.

He doesn't have EAD (only has an SSN) and he is working?

I don't think work is possible after a K1 without EAD. A social security number is not, on its own, permission to work.

He is technically working illegally unless he got the temp EAD stamp at JFK.

Is he or has the employer violated the provisions of the I-9?

As so many others have stated, if the employee cannot provide proof of work authorization and the employer hires him or her anyway, the employer is the one in violation. At least that's how I've been able to understand it.

[*JG* 2]

Hi Kristen! My name is Alicia. My Husband is from Nicaragua. We were hesitant about the whole fiance visa route but it turned out to be perfect. We got our visa in 5 months from start to finish. He has been in the states since March 18th and already has a social security number. Because of his K1 status, when we applied for his social security number we were informed that he has temporary permission to work (until his K1 status expires~which is June). So, he has a job and we are working on adjusting status. Hope that helps.

He doesn't have EAD (only has an SSN) and he is working?

I don't think work is possible after a K1 without EAD. A social security number is not, on its own, permission to work.

I was thinking the same thing. Also thinking you can't "work on AOS" till you marry and once you marry then temporary things are no longer any good.