How does K-1 work with my current job + staying?

[Conspirare 0]

Hi,

 

I'm currently in a long distance relationship with my fiancé who is an US resident and our plan is for me to move there. If I were to get a K-1 Visa and get married with my fiancé during these 90 days and then apply for an adjustment of status, would I be allowed to stay in the US during the time it would take for me to get a response from the USCIS on whether I'd be eligible to stay or not or would I have to go home and wait? He would also be an active member in the Airforce at this time, would that complicate anything considering he could be stationed wherever?

 

I am also currently employed by a company who would like to keep me if I were to move. The company I work for is international, and I would keep my current position but simply work long distance and would therefor not be transferred to an US office or branch. Would that mean that I could continue working normally during my whole valid stay there, or would an L-1 still be necessary?

 

Any help would be super appreciated, I've been trying to get some help from the embassy but they just send back the same hopeless responses.

 

[Redheadguy03 505]

1 hour ago, Conspirare said:

Hi,

 

I'm currently in a long distance relationship with my fiancé who is an US resident and our plan is for me to move there. If I were to get a K-1 Visa and get married with my fiancé during these 90 days and then apply for an adjustment of status, would I be allowed to stay in the US during the time it would take for me to get a response from the USCIS on whether I'd be eligible to stay or not or would I have to go home and wait? He would also be an active member in the Airforce at this time, would that complicate anything considering he could be stationed wherever?

 

I am also currently employed by a company who would like to keep me if I were to move. The company I work for is international, and I would keep my current position but simply work long distance and would therefor not be transferred to an US office or branch. Would that mean that I could continue working normally during my whole valid stay there, or would an L-1 still be necessary?

 

Any help would be super appreciated, I've been trying to get some help from the embassy but they just send back the same hopeless responses.

 

You would stay in the United States during the time of AOS. As a matter of fact if you leave the country you forfeit your application and have to start over. If he's in the Air Force and gets stationed overseas and you're married you'd probably be ok, but you'd have to definitely double check that. Military only has to meet 100 percent of the poverty requirements, so that's a definite advantage. 

 

If the company is based internationally you should be ok since you wouldn't be taking a job from a resident/citizen. 

 

 

[Dashinka 24,960]

When you enter on a K1, get married, and file for adjustment, yes you will be allowed to stay while the AOS is adjudicated.  In fact, if you were to leave the US prior to the decision on the GC without having an Advanced Parole card, you and your now spouse will need to start again with a spousal visa application.  As to the work question, others may have more information.

 

Good Luck!

[A'n'L 735]

You say your fiance is a US resident, but I assume you mean citizen? Only citizens can petition fiances.

[Conspirare 0]

18 minutes ago, A'n'L said:

You say your fiance is a US resident, but I assume you mean citizen? Only citizens can petition fiances.

Yes, sorry. I mean US citizen.

 

Thanks everyone for your help!

 

Also want to check if anyone knows, when filing the I-864, Affidavit of Support, would my own income count? If I am able to support myself with my current job, how important is it that he'd be able to support both him and me with his own income?

[Emmsan 51]

7 hours ago, Conspirare said:

Yes, sorry. I mean US citizen.

 

Thanks everyone for your help!

 

Also want to check if anyone knows, when filing the I-864, Affidavit of Support, would my own income count? If I am able to support myself with my current job, how important is it that he'd be able to support both him and me with his own income?

Your income doesn't count, nor does your savings etc. 

 

[A'n'L 735]

22 hours ago, Conspirare said:

Also want to check if anyone knows, when filing the I-864, Affidavit of Support, would my own income count? If I am able to support myself with my current job, how important is it that he'd be able to support both him and me with his own income?

 

14 hours ago, Emmsan said:

Your income doesn't count, nor does your savings etc. 

For the K1 visa processing, the affidavit of support form is the i134. In Sweden, the consulate will not take your income into account when you use that form.

 

Later, for AOS, your income and/or assets CAN be counted if you are able to demonstrate that your foreign income is continuing when you become a legal resident in the US.

[C-ma'am 684]

On 6/5/2017 at 7:15 AM, Conspirare said:

Yes, sorry. I mean US citizen.

 

Thanks everyone for your help!

 

Also want to check if anyone knows, when filing the I-864, Affidavit of Support, would my own income count? If I am able to support myself with my current job, how important is it that he'd be able to support both him and me with his own income?

Sorry embassies allow you to use your savings and income. Click on the Swedish flag under your profile to access embassy reviews or go to the Regional Forums for Europe and make a specific question about it there. The UK is one of the few countries that allow this, for example.