K1, C1/D and Green Card, HELP!

[Renee Xie 0]

Dee elle

Thank you for the kind response!

I just had the interview today actually. 

It seems like my best choice right now would be to wait for a few months and try to get ready soon to move to the US before my k1 expires. I know March, 2018 wont be a reality anymore but at least the violation fee to my contract decreases as the end date comes closer (feb,2018). 

[Roel 7,193]

Even after you receive AP, like I said before, it should be used for SHORT travels abroad or emergencies. Not to come and go because you have work. People who come to the USA on the K1 visa, leave stuff like work behind and look for the opportunities in States (after they receive their EAD).

[Renee Xie 0]

Dee elle

Thank you for the kind response!

I just had the interview today actually. 

It seems like my best choice right now would be to wait for a few months and try to get ready soon to move to the US before my k1 expires. I know March, 2018 wont be a reality anymore but at least the violation fee to my contract decreases as the end date comes closer (feb,2018). 

Edited August 28, 2017 by Renee Xie

[Limey 551]

16 minutes ago, Renee Xie said:

I didn't intend to enter with k1 until March 2018, 

I intended to enter with k1 within the next couple of months, get married, file for green card and then fly back and keep flying in and out with my job(C1/D) till my contract is up. March 2018 was the time that I thought I'd be granted with green card, and I'd quit and use that green card to enter the states. 

You've contradicted yourself in those first 2 lines. You say you won't use the k1 until March 2018, and then in next line you say you'll use it in the next couple of months (well before March 2018).

 

As others have said here

1) Your next trip to the USA will likely activate k1. Even if your other visas haven't been cancelled, they will admit you using the k1 and activate it. If they don't use that, you can't enter to get married (that would be visa fraud). So if you are getting married, you MUST enter using the k1

2) Once you enter using the k1 you must get married and then apply for AOS (alteration of status). This is the green card. As this can take 6 months or more, you also apply at same time for EAD/AP (think of this as temporary green card). This might take around 3 months after you apply. Before you have EAD/AP you cannot work legally in the USA, and if you leave you will not be admitted back in  - you will be considered to have given up your application for AOS (green card).

 

None of this is negotiable. This is how it works.

[Renee Xie 0]

KULtoATL

 

Thank you for your response!

Yeah... that seems like the only choice now. I might just have to wait for a few months since the compensation decreases as the contract date draws close. As I understand k1 expires after 6 months.

[Renee Xie 0]

Limey

 

Thank you for your response it's very helpful

mistyped, should be I didn't intend to enter with green card until March, 2018.

Thank you!

[geowrian 22,338]

3 minutes ago, Renee Xie said:

As I understand k1 expires after 6 months.

It's 6 months from the medical or the interview...whichever is sooner.

[Boiler 46,336]

No limitation on AP use, but agree get the K1 wait as long as you can before it expires and then move.

[Crazy Cat 42,655]

4 hours ago, Renee Xie said:

Limey

 

Thank you for your response it's very helpful

mistyped, should be I didn't intend to enter with green card until March, 2018.

Thank you!

You do understand that you will not have a green card for at least a year, right?

[Meg&Andrew 297]

What airline company are you working for? Is it a company that is also in the US? Maybe you can continue working for them after you have received your EAD? 

[Dashinka 24,941]

18 hours ago, Renee Xie said:

KULtoATL

 

Thank you for your response!

Yeah... that seems like the only choice now. I might just have to wait for a few months since the compensation decreases as the contract date draws close. As I understand k1 expires after 6 months.

Yes, the validity of the K1 is six months generally dated from the date of the medical.  My wife (fiancé at the time) and I used a little more than 5 months of that period to get her affairs in order and plan a nice family wedding. You can also take this route as K1s do not have to be used immediately upon receipt, but make sure if you are working not to get on any routes to the US (states or territories) as if you do you will be allowed entry through the K1 visa as your other visas will most likely be canceled.

 

Good Luck!

[Dutchster 1,107]

Do you even read the absolute correct advise you have been given? You seem to only respond with the same messages over and over again.
Have you read the instructions that come with applying for K-1 and AOS? 

You cannot use the K-1 to get in the US, marry, file the green card application and leave for a couple of months to await the card.  Your green card application is considered abandoned the moment you set foot outside the US without Advance Parole (I-131) and you will not be granted entry. You have no status or valid visa to enter on. 

 

 

[Mollie09 1,543]

22 hours ago, Limey said:

You've contradicted yourself in those first 2 lines. You say you won't use the k1 until March 2018, and then in next line you say you'll use it in the next couple of months (well before March 2018).

 

As others have said here

1) Your next trip to the USA will likely activate k1. Even if your other visas haven't been cancelled, they will admit you using the k1 and activate it. If they don't use that, you can't enter to get married (that would be visa fraud). So if you are getting married, you MUST enter using the k1

2) Once you enter using the k1 you must get married and then apply for AOS (alteration of status). This is the green card. As this can take 6 months or more, you also apply at same time for EAD/AP (think of this as temporary green card). This might take around 3 months after you apply. Before you have EAD/AP you cannot work legally in the USA, and if you leave you will not be admitted back in  - you will be considered to have given up your application for AOS (green card).

 

None of this is negotiable. This is how it works.

Bolded part is not true - not fraud if she has no intention to stay.

She could enter on one of her other visas, marry, leave and apply for CR-1.

Edited August 29, 2017 by Mollie09

[Redheadguy03 505]

16 minutes ago, Mollie09 said:

Bolded part is not true - not fraud if she has no intention to stay.

She could enter on one of her other visas, marry, leave and apply for CR-1.

Once she enters the k1 will activate. If she has a current k1 in her passport it will activate, so she can't enter and expect to just use the other visas. 

[Mollie09 1,543]

5 minutes ago, Redheadguy03 said:

Once she enters the k1 will activate. If she has a current k1 in her passport it will activate, so she can't enter and expect to just use the other visas. 

Sure. The quote I was responding to was about entering on a different visa and getting married.