K1 AOS from outside US?

[aaron2020 11,651]

Once you file for AOS and EAD, you can seek to expedite your EAD if you can. provide USCIS with a written job offer.  The employer will have to be understanding that it could take you a few weeks to a few months to get the EAD with their written job offer.   That's the only out to having to sit around.

[HRQX 4,145]

16 minutes ago, Sparkey said:

since we're so close to the end of getting our K1

K-1 is one of few nonimmigrant visas that allow dual intent. See INA 101(a)(15)(K)(i): "is the fiancée or fiancé of a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission"

 

If you do file for AOS, then you shouldn't leave before receiving either AP or GC as leaving before then would result in abandonment of AOS. See 8 CFR § 245.2(a)(4)(ii)(A).

[SalishSea 18,062]

1 hour ago, Sparkey said:

Big decisions whether or not to abandon the K1 at this stage. But not being able to work for like 8 months is a huge downside. 

Well, yes, but......did you not know about that huge downside when you chose that visa?

[Sparkey 17]

4 minutes ago, Jorgedig said:

Well, yes, but......did you not know about that huge downside when you chose that visa?

Yes, but our circumstances were very different pre-covid. 

It's only a downside now that my fiance's income has dropped significantly.

We took everything into consideration when we chose to file the K1. It's not like we could have predicted all these changes. 

Edited February 8, 2021 by Sparkey

[retheem 568]

49 minutes ago, Boiler said:

To be fair none of us know how long a CR1 will be, I have a feeling the days of the Cr1 are gone and all visas issue in the foreseeable future will be IR1.

 

But it is an assumption.

 

You also do not know how long your K1 will take.

 

Nobody here can tell you what is best for you, just what the current situation appears to be.

 

One of Biden's campaign promises was to introduce some sort of visa that would allow you to come and wait, presumably with work authorisation, now if that happens, what it looks like, well who knows.

Because of the backlog yes, most will end up switching over to IR1. As for Biden's promise, i don't think it's a new visa category. Back in 2000/2001, there were V-visa, they may just revamp them again.

[Boiler 45,895]

V visa was much more restrictive than what has been implied, we can of course all guess what he means, the devils will be in the details, but maybe an expanded V Visa?

[retheem 568]

1 minute ago, Boiler said:

V visa was much more restrictive than what has been implied, we can of course all guess what he means, the devils will be in the details, but maybe an expanded V Visa?

Yeah, at this point, anything is possible.

[HRQX 4,145]

6 minutes ago, retheem said:

As for Biden's promise, i don't think it's a new visa category. Back in 2000/2001, there were V-visa, they may just revamp them again.

The V visa was specifically for spouse and minor children of LPR with I-130 filed on or before December 21, 2000. https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents/v-nonimmigrant-visas

 

The K-3 is the NIV for spouse of US citizen.

Edited February 8, 2021 by HRQX

[AstroCanada 206]

3 hours ago, HRQX said:

The V visa was specifically for spouse and minor children of LPR with I-130 filed on or before December 21, 2000. https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents/v-nonimmigrant-visas

 

The K-3 is the NIV for spouse of US citizen.

K-3 visa could become relevant again now that all the other timelines are taking so long.  They essentially phased that visa out because it was no faster than the CR-1's.   It took us about 9 months for our CR-1 in 2016, and I thought that was long at the time.  I won't complain for sure now.  

[Road2K1 17]

4 hours ago, Sparkey said:

Thank you 😊 start over with a CR1 would be kinda annoying since we're so close to the end of getting our K1

I feel you. We're also close to end but we now debating whether to stay on K1 or coming back to my country after marriage then apply CR-1.  Honestly, I thought to get EAD only took about 3-4 months (from my experience to get EAD OPT only took 80ish days). It's hard to think not able to work that long

[Sparkey 17]

1 minute ago, Road2K1 said:

I feel you. We're also close to end but we now debating whether to stay on K1 or coming back to my country after marriage then apply CR-1.  Honestly, I thought to get EAD only took about 3-4 months (from my experience to get EAD OPT only took 80ish days). It's hard to think not able to work that long

Absolutely. It's a hard choice and we don't know what to do but I sent in Packet 3 last week so I know we need to decide quick. 

If our choice is to change to CR1 then we need to abandon the K1. No point in paying twice. 

How close are you guys to being done?

[Road2K1 17]

10 minutes ago, Sparkey said:

Absolutely. It's a hard choice and we don't know what to do but I sent in Packet 3 last week so I know we need to decide quick. 

If our choice is to change to CR1 then we need to abandon the K1. No point in paying twice. 

How close are you guys to being done?

Abandon k1 is a hard decision since we have already come this far. 
We got our packet 3 last month. So, technically once we have everything we need on that list, we can schedule the interview right away. I would say our journey will be done no later than May unless something comes up along the way. 

[Sparkey 17]

Just now, Road2K1 said:

Abandon k1 is a hard decision since we have already come this far. 
We got our packet 3 last month. So, technically once we have everything we need on that list, we can schedule the interview right away. I would say our journey will be done no later than May unless something comes up along the way. 

Should be roughly the same timeline for us.  

I was ok with waiting 3-4 months to be able to work but but it seems like it could be more than 8 now. That may change things for us.  

[caliliving 606]

3 hours ago, Sparkey said:

Should be roughly the same timeline for us.  

I was ok with waiting 3-4 months to be able to work but but it seems like it could be more than 8 now. That may change things for us.  

K1 for a Canadian makes no sense as you can easily visit and with the cr1 you would be able to work right away. You also have to do the timing of coming to the USA, getting married and then applying. No one gets married or does the paperwork right away so tack on probably another month. Honestly I would abandon it and do ir1/cr1 and by the summer(May/June)  trudeaus ban on travel should be gone anyways! Not sure where you are moving to but the stress of no friends and no job is very stressful in any relationship. Something else to take into consideration. 

[Ryan H 3,819]

Moved from K1 Progress Reports to Adjustment of Status from K Visas forum.