Dual Visas and Plan to Use Both upon POE

[Gregory&Dyn 113]

Here's an interesting scenario. My wife's cousin (a Filipino national) arrived in the U.S. via K1 last week. She arrived with two valid visas (K1 and a work visa from her employer in the Philippines). She is scheduled to begin working next week for the same employer (U.S. location). I can only assume she used her K1 visa at her POE. If so, can she also use her work visa legally before filing AOS?

Edited January 31, 2018 by Gregory&Dyn

[geowrian 22,338]

No. An individual can only hold one status at a time. If she entered on the K-1 (which I would assume is the case, PLUS it would have been fraud to enter on most other visas with intent to AOS), then she cannot use her work visa as a basis for employment. She needs an EAD to work, which you can file for alongside AOS.

 

Remember that a visa is just a document to request admission into the US. She is already in the US, so it doesn’t hold any value as-is.

[Unlockable 7,315]

She can only use one. She can't work on the work visa because that is not what she used to enter the US. If she really needs to work then she may have screwed up because now she has to get married then apply for work authorization with her AOS.

[John & Rose 7,239]

21 minutes ago, NuestraUnion said:

She can only use one. She can't work on the work visa because that is not what she used to enter the US. If she really needs to work then she may have screwed up because now she has to get married then apply for work authorization with her AOS.

Interesting.  So if she entered on the Work visa and they got married would she have trouble during AOS?  I do know only one visa is valid at a time.  That is a conundrum.  Enter on K-1 and not work until EAD or enter on work visa while knowing that a marriage is imminent and possibly be considered visa fraud?  I assume entering on a work visa with the intent to marry is not a good idea.  Wow.  This is a tough one.

[Boiler 45,907]

Most unlikely this sort of volunteering would be permissible.

Most unlikely this sort of volunteering would be permissible.

[John & Rose 7,239]

2 minutes ago, Boiler said:

Most unlikely this sort of volunteering would be permissible.

Most unlikely this sort of volunteering would be permissible.

Good point.  Best to wait for EAD.  That is about 3 months I believe.

[geowrian 22,338]

16 minutes ago, John & Rose said:

Interesting.  So if she entered on the Work visa and they got married would she have trouble during AOS?  I do know only one visa is valid at a time.  That is a conundrum.  Enter on K-1 and not work until EAD or enter on work visa while knowing that a marriage is imminent and possibly be considered visa fraud?  I assume entering on a work visa with the intent to marry is not a good idea.  Wow.  This is a tough one.

If she entered on the work visa then planning to AOS on that trip would have been fraud. I’m assuming the work visa is not dual intent, since that would have made pursuing the K-1 pointless.

[John & Rose 7,239]

1 minute ago, geowrian said:

If she entered on the work visa then planning to AOS on that trip would have been fraud. I’m assuming the work visa is not dual intent, since that would have made pursuing the K-1 pointless.

That is an interesting scenario.  Her company got her a work visa and expects her to work which she cannot legally do since she entered on a fiancee visa.  There are so many legal and ethical issues in this.

[Binna 108]

I wonder why she is able to have both visas in the first place...I stand to be corrected, shouldn't the CO at the consulate cancel or void the work visa since the K1 visa supersedes the work visa (assuming that she got the K1 visa after the work visa) and knowing that she will be required to AOS and EAD to be able to work? Perhaps its an oversight thing from the onset on the CO part?

[Boiler 45,907]

3 minutes ago, Binna said:

I wonder why she is able to have both visas in the first place...I stand to be corrected, shouldn't the CO at the consulate cancel or void the work visa since the K1 visa supersedes the work visa (assuming that she got the K1 visa after the work visa) and knowing that she will be required to AOS and EAD to be able to work? Perhaps its an oversight thing from the onset on the CO part?

You can have multiple visa's

[Ontarkie 14,375]

~~One post removed for TOS Violation. Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[geowrian 22,338]

1 hour ago, Binna said:

I wonder why she is able to have both visas in the first place...I stand to be corrected, shouldn't the CO at the consulate cancel or void the work visa since the K1 visa supersedes the work visa (assuming that she got the K1 visa after the work visa) and knowing that she will be required to AOS and EAD to be able to work? Perhaps its an oversight thing from the onset on the CO part?

Yes, holding more than one at a time is permitted. It is a bit of SOP for a CO to cancel other non-immigrant visas when they issue a K-1, but not a requirement.