When can my spouse work and what if we move?

[fewstee 46]

Currently waiting on I-130 in Nebraska, estimated date mid-March (filed Feb 19). This is for a IR1 visa. 

 

We live in a third country (Kazakhstan) and our visas expire in June 2020. She will not be allowed back in KZ as she is not eligible for a tourist visa, so basically she has to go home. Or can she come to the U.S. with me at this time? Is this a good situation for a K-3? We plan to move to the U.S. summer 2020. Also at what point should we notify USCIS of the change, we filed listing the U.S. consulate in Kazakhstan but that will not be possible after June. 

 

Separate question is when can she expect to be able to work after coming to the U.S.? Is it immediate or are we going to be waiting for the green card to process etc. She is a teacher so it's looking like she won't be authorized in time for the 2020-21 school year. 

 

Thanks for your help

Edited September 9, 2019 by fewstee

[payxibka 10,045]

Just now, fewstee said:

Currently waiting on I-130 in Nebraska, estimated date mid-March (filed Feb 19). 

 

We live in a third country (Kazakhstan) and our visas expire in June 2020. She will not be allowed back in KZ as she is not eligible for a tourist visa, so basically she has to go home. Or can she come to the U.S. with me at this time? Is this a good situation for a K-3? Also at what point should we notify USCIS of the change, we filed listing the U.S. consulate in Kazakhstan but that will not be possible after June. 

 

Separate question is when can she expect to be able to work after coming to the U.S.? Is it immediate or are we going to be waiting for the green card to process etc. She is a teacher so it's looking like she won't be authorized in time for the 2020-21 school year. 

 

Thanks for your help

An I 130 results in an immigrant visa, which upon arrival is granted permanent residence immediately.   

[LilyJ 1,258]

2 minutes ago, fewstee said:

Currently waiting on I-130 in Nebraska, estimated date mid-March (filed Feb 19). 

 

We live in a third country (Kazakhstan) and our visas expire in June 2020. She will not be allowed back in KZ as she is not eligible for a tourist visa, so basically she has to go home. Or can she come to the U.S. with me at this time? Is this a good situation for a K-3? We plan to move to the U.S. summer 2020. Also at what point should we notify USCIS of the change, we filed listing the U.S. consulate in Kazakhstan but that will not be possible after June. 

 

Separate question is when can she expect to be able to work after coming to the U.S.? Is it immediate or are we going to be waiting for the green card to process etc. She is a teacher so it's looking like she won't be authorized in time for the 2020-21 school year. 

 

Thanks for your help

She cannot come back to the US with you before she gets her CR1. K3 is an essentially dead visa but there's been speculation that an I129f speeds up I130 processing at Nebraska, but this is purely anecdotal and no one really has solid proof of it. Regardless it doesn't hurt to try, but the chances of receiving a K3 are slim to none and it's likely USICS will deny the I129f and continue processing as a CR1. Should she have to move back to her home country before she has her visa, you can notify which consulate you would like to use instead once you get to the NVC stage. Once she has her visa, she will instantly be authorized to work, you'll use her I-551 stamp in lieu of a green card to show proof of this until the green card arrives

[fewstee 46]

Thanks all, answers both of my questions clearly. We'll expect she has to return home then it doesn't sound like the visa will be ready before June if the I-130 doesn't get approved until March. 

[aaron2020 11,651]

It's unlikely that your wife would be able to teach immediately after immigrating.  She would need to get her teaching credentials.  

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.