K1 then AOS vs EB3 2017

[ThinkerBelle 5]

I have a petition for an EB3 from a US employer (PD Jan 2017) and looking at current visa bulletin trend it seems to be moving fast with a possibility of being current in December 2017 or Jan 2018. I am also engaged to a US citizen and been dating for 4 years now which entails travelling to and from US for almost 2 years now ( I am currently in the US on a B2).

 

I have read stories of how it was nightmare to process for AOS, and also a long wait period depending on service center. We would like to close the distance the soonest and for me to also start working ASAP.

 

My question is, which would be the quickest way to go at the moment? Which route is less complicated between K1/CR1 and EB3? Is it possible to have an ongoing EB3 with an AOS after marriage?

[f f 725]

if you enter on a k1 you can only adjust through marriage to the petitioner. there is no way around that. so if your not quite sure your ready for marriage the eb3 might be safer.

[Coco8 1,042]

The EB3 will allow you to work for your employer as soon as you get into the US. The K1 will not and after marriage you will have to wait 90-120 days to be able to work.

 

I think that due to the timings of the EB3, you might even get that one before the K1. Remember, K1 takes 6-8 months IF you don't get a RFE. Then you have to move to the US, get married, file for AOS, and you have to add 3-4 months until you get the EAD (sure, you can have it expedited if you have a job offer but don't expect that to be much faster).

 

On another note, your employer probably spent some money on the EB3 and if you move to a K1 and take longer, that would not leave you in good standing with them. EB3 has the advantage that you'd get a 10 year green card, while marrying a US citizen gets you a temporary green card and then you have to ROC to get a 10 year green card. 

 

Finally, if you are already in the US, you can marry now and AOS in the US. That will be 3-4 months from now until you get AP+EAD. You could expedite EAD with job offer from employer. Once you get AP you can go to your country and finish your affairs there (that will be in 3-4 months). However, this choice would be good if you are sure you want to get married. 

 

PS: Don't do a spousal visa. That will be 12-14 months! 

 

 

 

 

 

 

 

Edited July 31, 2017 by Coco8

[ThinkerBelle 5]

Thank you for the replies guys.

 

We are ready to get married. But still saving for it. I surely dont want fiance to cover all expenses on his own thats why I find it imperative for me to start working again ASAP. It can get quite expensive flying frequently to the US.

 

Another question, wont my ongoing EB3 affect the AOS?

[Coco8 1,042]

On 7/31/2017 at 6:52 PM, ThinkerBelle said:

Thank you for the replies guys.

 

We are ready to get married. But still saving for it. I surely dont want fiance to cover all expenses on his own thats why I find it imperative for me to start working again ASAP. It can get quite expensive flying frequently to the US.

 

Another question, wont my ongoing EB3 affect the AOS?

If you AOS now you might have to withdraw the EB3. I'm not sure. It will certainly not be a problem.

 

But as I said, if you think you'll get the EB3 in December/January, it might be better to wait for that. The AOS is a lot of paperwork and you won't be able to submit it right now. You might submit it a month from now and, if you don't get any RFE, you could get the EAD by the end of December (and that is a big if, it is not unusual to get an RFE).

 

I would try to figure out when you will get the EB3 and see how long your consulate usually takes to process the visa. You can check that on VJ, I think there is a EB thread under work visas. After that, decide whether AOS is convenient or not.