Timeline question - do we need to apply for multiple types of visas?

[Boiler 45,527]

4 minutes ago, mdpotter said:

@Boiler sorry I meant EAD(?) the one that allows her to work. I think I’m just really confused. 

 

Im trying to ask if, to keep her in the country, she should apply for a visa to let her work (EB-3) because a K-1 would mean she has to leave. Is there a way to make that a smooth transition, like applying for that stuff early so it flips just after she finishes school

 

sorry if I’m not making any sense here

You need to take a breather, re read the replies, read the Guides, you are bouncing around and with nothing to base your thoughts on and are getting totally lost.

 

Just a couple of comments you need a basis to apply for an EAD and an Employer to apply for an EB3 and both take a long time, EB3 very long time.

[Just Paul 4,595]

37 minutes ago, mdpotter said:

she should apply for a visa to let her work (EB-3) because a K-1 would mean she has to leave

You can't get any visa from within the US

[Crazy Cat 41,888]

41 minutes ago, mdpotter said:

@Boiler sorry I meant EAD(?) the one that allows her to work. I think I’m just really confused. 

 

Im trying to ask if, to keep her in the country, she should apply for a visa to let her work (EB-3) because a K-1 would mean she has to leave. Is there a way to make that a smooth transition, like applying for that stuff early so it flips just after she finishes school

 

sorry if I’m not making any sense here

The best advice I've seen in this thread is from @Boiler who said "You need to take a breather, re read the replies, read the Guides, you are bouncing around and with nothing to base your thoughts on and are getting totally lost."

[Marieke H 2,512]

You can't get everything you want. You want 8 months to plan the wedding, but you also want to keep her in the country. The most practical thing to do would be to get married and apply for Adjustment of Status before her visa expires. If you do that now, she might get her EAD a few months after her graduation. You can always have a bigger celebration later.

[Orangesapples 1,954]

12 hours ago, mdpotter said:

We had considered that, but I didn't know if that would look bad on us because we aren't moving in together until we are married. Are there any inherent dangers in doing a legal marriage without acting married?

Doing a legal marriage is actually getting married. 

 

Not living together might be a problem though. 

[belinda63 3,038]

Is there a reason why you can't marry now and live together such as being in different cities? It will take about a year for the interview so that should be enough time to establish a domicile and evidence of joint living arrangements.

[LilyJ 1,258]

The only way to keep your girlfriend in the US, is to marry her and file for adjustment of status. Everything else she will have to leave and be out of the country for many months. If you get married after she is out of status, she will have to return to her country, you'll have to do a CR1, she will have to be out of the US for likely well over a year. If you do a K1, she'll have to be out of the US for around 8-10 months, plus she'll have to adjust status after she comes back and gets married anyways. Also to add, since you said you wanted to have 8 months to plan a wedding, a K1 visa will only give you less than 90 days to plan a wedding AND get married, since you never really know when you will receive the visa and have to get married and file for adjustment of status within 90 days of entering on the K1 visa for her to be able to stay in the US once she enters on it. So I would really consider getting legally married asap, filing for adjustment of status, and just saving the big wedding for later. It's either marry and adjust status so that she can stay, or she will have to leave the country and you will have to choose either CR1 or K1 to bring her over with many many months of being apart

Edited January 18, 2020 by LilyJ

[TheKingmaker 153]

She can file for an OPT and can stay in the country for 12 months. You can maintain your OPT even if you are not employed by volunteering somewhere.

 

If she has a job and is a STEM major, she can even get it for 3 years. Key is for your GF to NOT leave the country until you guys get married and file for her GC.

 

 

[Orangesapples 1,954]

5 minutes ago, TheKingmaker said:

She can file for an OPT and can stay in the country for 12 months. You can maintain your OPT even if you are not employed by volunteering somewhere.

 

If she has a job and is a STEM major, she can even get it for 3 years. Key is for your GF to NOT leave the country until you guys get married and file for her GC.

 

 

That's an option but a green card has a definite advantage over OPT when it comes to job hunting. 

[TheKingmaker 153]

21 minutes ago, Orangesapples said:

That's an option but a green card has a definite advantage over OPT when it comes to job hunting. 

I am suggesting OPT as a stop gap option, not the final solution. Seems like the OP is graduating in Dec and will be ready to marry then. So OPT will take the foreign student through almost next summer.

 

Most important thing is for the foreign student to NOT leave the US before all this is done. That is because if they come back on F1/OPT and get married, it will trigger the 30-60-90 day mess.

 

 

[designguy 1,179]

OP I just went through EB3 process. It is highly unlikely she would have an approved I-140 by May. Just the labour certification can take 6-8 months

[geowrian 22,337]

The reason not to leave before figuring this out is because they cannot return with intent to AOS. If they want to do AOS, now is the time.

[designguy 1,179]

Also if you got married now, AOS, and file EAD, she should be able to work by the time she graduates

[Orangesapples 1,954]

4 hours ago, designguy said:

Also if you got married now, AOS, and file EAD, she should be able to work by the time she graduates

Yep, the best possible option here. 

[mdpotter 0]

8 hours ago, designguy said:

Also if you got married now, AOS, and file EAD, she should be able to work by the time she graduates

If I were to go this route, what other paperwork would that entail? Just the two forms? This almost seems too simple