Arriving on k1 When can I start working?

[beloved_dingo 1,976]

5 hours ago, EDFB14 said:

My boyfriend and I are going through the same thing as you right now. We are contemplating K1, CR1, or breakup unfortunately. We have been doing long distance between the USA and Europe for 6 years and thought he was going to be able to transfer here through his job, but that fell through. Here’s the hard facts- the K1 visa is quicker in that you can be together sooner, but it will still take 6 months to 1+ years to be approved, average about 9 months to be approved. Then when you are in the USA you will need to get your work permit which will take about 6 months. You will not be able to do any resume building activities. Like you, that is not okay with my boyfriend as he wants to be able to work and thinks that not working will have a negative effect on our relationship. The next option is CR1- you need to get married abroad. You need to look into the country you want to marry in bc some have specific visas and/or paperwork you need to have to get married (again a waiting period). Then afterwards you apply for a CR1 visa. This will take 1-2+ years to be approved. How long it takes is really on multiple factors and luck. My boyfriend met with a lawyer yesterday and was told that the quicker cases are for those who as the foreigner already had a previous investor visa or were in the USA previously on a H1 or L1 visa or for those who have been married for a longer period of time. In my case, being a US citizen working and paying taxes and will be newly married, it would take on average 1.5 years. After that time, he has the green card in hand and can work. Both options completely suck. I hope that helps. Best of luck to you two. I know it’s really hard  

Can't say I've ever heard that before...or see evidence of it here on VJ.

 

Most cases that I've seen that take "longer than average" for approval have to do with where the foreign spouse (or fiance, for K1) is from or issues with documents filed (RFEs). 

 

My husband and I did the K1 route. We don't regret that choice, but from an objective standpoint that CR1 is better in a lot of ways. 

[Crazy Cat 41,727]

6 hours ago, EDFB14 said:

My boyfriend and I are going through the same thing as you right now. We are contemplating K1, CR1, or breakup unfortunately. We have been doing long distance between the USA and Europe for 6 years and thought he was going to be able to transfer here through his job, but that fell through. Here’s the hard facts- the K1 visa is quicker in that you can be together sooner, but it will still take 6 months to 1+ years to be approved, average about 9 months to be approved. Then when you are in the USA you will need to get your work permit which will take about 6 months. You will not be able to do any resume building activities. Like you, that is not okay with my boyfriend as he wants to be able to work and thinks that not working will have a negative effect on our relationship. The next option is CR1- you need to get married abroad. You need to look into the country you want to marry in bc some have specific visas and/or paperwork you need to have to get married (again a waiting period). Then afterwards you apply for a CR1 visa. This will take 1-2+ years to be approved. How long it takes is really on multiple factors and luck. My boyfriend met with a lawyer yesterday and was told that the quicker cases are for those who as the foreigner already had a previous investor visa or were in the USA previously on a H1 or L1 visa or for those who have been married for a longer period of time. In my case, being a US citizen working and paying taxes and will be newly married, it would take on average 1.5 years. After that time, he has the green card in hand and can work. Both options completely suck. I hope that helps. Best of luck to you two. I know it’s really hard  

Huh???

Edited January 30, 2020 by missileman

[Lucky2Lucky 2,526]

If you being able to work ASAP is a priority then k1 is not for you- get married and file CR1. 

if you go the k1 route expect it to take at least 4-6 months. You’d want to get married ASAP and then file adjustment of status and employment authorization document.

[Canadian93 9]

Thank you everyone for replying and sharing information. It’s now clear to me that CR-1 is definitely the way to go as working as soon as possible is a priority for me, as I simply cannot go that long without working.
 

again thanks everyone!

[HRQX 4,145]

15 hours ago, debbiedoo said:

a cr1 is the better option is working fairly immediately (generally within a few weeks)

With IR-1/CR-1 can immediately work from Day 1: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs SSN is not required for starting work:

 

19 hours ago, Canadian93 said:

and applying for a K3 instead.

K-3 is very rare; in fiscal year 2019 only five were issued worldwide. One in Tegucigalpa: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/October 2018 - NIV Issuances by Post and Visa Class.pdf Page 95

And four in Ciudad Juarez:

• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JANUARY 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/APRIL 2019 - NIV Issuances by Post and Visa Class.pdf Page 24; Beneficiary was a Venezuelan national
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JUNE 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/AUGUST 2019 - NIV Issuances by Post and Visa Class.pdf Page 26

18 hours ago, B&C2017 said:

that immediately allows you to work and travel outside of the US.

Note that the (almost) obsolete K-3 visa allows multiple entries with it during it's validity (usually 2 years). Also, temporarily leaving the US after filing AOS doesn't abandon the process for those adjusting from K-3; 8 CFR § 245.2(a)(4)(ii)(C) https://www.law.cornell.edu/cfr/text/8/245.2

Quote

The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

 

Edited January 31, 2020 by HRQX

[Ryan H 3,812]

Moved from K1 Progress Reports to Working & Traveling During US Immigration forum.

[Ontarkie 14,193]

~~Post violating the TOS removed. Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~