Fiance About to Receive K-1 Visa(merged)

[ManOnMoon 2]

My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

[Roel 7,192]

Its absolutely impossible. 

 

If she leaves US without the green card (12 to 15 months ) or AP (which takes about 5 to 6 months alone) then she will not have a way back to the US and you'll need to start a spouse visa process for her to be able to come back (12 to 14 months). 

 

She cannot go to her country and do AOS from there or wait for green card or AP over there. 

 

If you knew from a start that she'll need to go back then you screwed up big time. Should have applied for spouse visa instead of K1 visa. 

 

Before you ask about this - you cannot deliver her AP or green card to her country. The moment she leaves US without proper documents her AOS will be canceled. 

[dwheels76 5,468]

2 minutes ago, ManOnMoon said:

My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

No she absolutely can not leave. This was the wrong application to go after. You should have married and then she would have been a green card holder upon arrival.

Once she arrives and you marry then submit the Adjustment of Status it is taking 4 to 6 months (some longer) to get the EAD/AP card. The AP (Advance Parole) is what she needs to be able to get back into the US.

The I485 that will get her the green card is about a 8 to 12 month wait. So in summary she is land locked here for at the very least 4 to 5 months. If she leaves before she gets her AP approved  it will be an abandonment of the adjustment of status application and you would then have to start over and submit a I-130 (spousal application) that takes 12 to 15 months from filing to interview in her country.

[Russ&Caro 1,549]

For what it's worth, you can add the cost of an empty lease in addition to no longer being employed as costs associated with immigration. Not only is the immigration process complicated and lengthy, but costly too. You can avoid attorney costs by doing it yourself but you're not going to avoid all costs.

[mushroomspore 3,044]

17 minutes ago, ManOnMoon said:

My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

Sorry but as others have said, once she enters the US on her K1, she cannot leave until she receives her EAD/AP or the green card. Or rather, she CAN leave but she will not be allowed back in. You can't mail or bring the EAD/AP or green card to her. CBP and USCIS share information. They will know she left before the AP or green card were approved and will automatically cancel her entire AoS application. At that point, you won't even receive an AP document or green card at all. Not sure why you did K1 in this case. Spousal visa would have been way more practical for you guys if you needed her to be able to travel back and forth. 

[ManOnMoon 2]

Okay I see, typically how long would it take until she can apply and start working?

[payxibka 10,045]

1 minute ago, ManOnMoon said:

Okay I see, typically how long would it take until she can apply and start working?

After marriage and application submissions then 5 to 6 months 

[ManOnMoon 2]

2 minutes ago, payxibka said:

After marriage and application submissions then 5 to 6 months 

It takes 5-6 months to get EAD and start work? I thought it was ~3

 

Can someone explain what AP stands for, I know AOS means adjustment of status 

[payxibka 10,045]

Just now, ManOnMoon said:

It takes 5-6 months to get EAD and start work? I thought it was ~3

 

Can someone explain what AP stands for, I know AOS means adjustment of status 

Ead and ap (advanced parole) are a combination card and come together 

[Becci391 339]

2 minutes ago, ManOnMoon said:

It takes 5-6 months to get EAD and start work? I thought it was ~3

 

Can someone explain what AP stands for, I know AOS means adjustment of status 

It used to be 3 to 4 months back in 2017.

Now it's 5 to 6 months.

 

AP is Advanced Parole with which she can leave the US once the card is issued.

As others have already stated before the AP card is usually a combo card together with the work permit ( EAD).

 

[ManOnMoon 2]

I heard that AP nowadays takes 5-6months during that period is it true that they cannot work?

 

What are they suppose to do? What did yours do? All ideas greatly accepted. 

[Roel 7,192]

AP = travel permit document. 

[ManOnMoon 2]

I recently found out that K-1 Visa may not work out very well for us and we would like to switch to a CR1 and get married in my fiance's country.

 

What is the easiest and most efficient method here?

[payxibka 10,045]

Just now, ManOnMoon said:

I heard that AP nowadays takes 5-6months during that period is it true that they cannot work?

 

What are they suppose to do? What did yours do? All ideas greatly accepted. 

You cannot work without employment authorization (EAD) which is not the benefit AP provides .  Separate applications but combined card

[Just Paul 4,595]

No way to convert.   You get married and file the I-130 and wait again.