Logistics of K1 Visa and a Sponsered Work Visa

[Dana.L 12]

Hey everyone, this might be in the wrong forum but I wanted some info on the following:

My Fiance will be coming to the US soon (221g at interview but passport sent to Montreal Consulate. hoping for an approval soon), and has been in open communication with his work about the process. Long story short- his initial plan was to "quit", move to the states on the K1 visa, and then hire on at the same company after applying for, and receiveing an EAD. (Company is in Canada and the US.) HOWEVER, his company has now offered to keep him employed and sponser a work visa so he can work here as soon as he arrives. 

I am worried this will effect the K1 process but maybe I am over thinking it. 

 

Should he "quit" his job, move down on K1 visa and wait for an EAD like everyone else, OR is it okay for him to be sponsered by his company simultaneously with the K1. 

Thank you in advance for your replies! I am not willing to risk messing up this process after waiting 2+ years. 

[Boiler 45,466]

This sounds like a L which is dual intent and much better route than a K.

 

Which visa are they offering?

[mam521 2,060]

Others can probably offer more info.  

 

Personally, if it's an L1 petition from his company, I'd take it, abandon the K1, get married once he's in the US and file the I-130 spousal visa.  The L1 is a dual intent visa anyway.  Montreal likes to hand out 221g's an DS-5535's like candy and the WOM are fast becoming ineffective.  

 

The K1 will cost more anyway because you have to adjust status and then remove conditions.  All costly.  

 

If he's in the US on a work visa and you get married and adjust, he can work the whole time.  This is a pretty big advantage. 

 

If his employer is offering this, their immigration attorneys should be able to offer some insight. 

[Dana.L 12]

18 minutes ago, Boiler said:

This sounds like a L which is dual intent and much better route than a K.

 

Which visa are they offering?

This is one of my hang ups... they havent mentioned a specific visa OR put him in contact with a lawyer. They have just stated they are willing but havent taken any action. I will have him call his HR Rep and ask for a meeting with their immigration lawyer. 

 

19 minutes ago, mam521 said:

Others can probably offer more info.  

 

Personally, if it's an L1 petition from his company, I'd take it, abandon the K1, get married once he's in the US and file the I-130 spousal visa.  The L1 is a dual intent visa anyway.  Montreal likes to hand out 221g's an DS-5535's like candy and the WOM are fast becoming ineffective.  

 

The K1 will cost more anyway because you have to adjust status and then remove conditions.  All costly.  

 

If he's in the US on a work visa and you get married and adjust, he can work the whole time.  This is a pretty big advantage. 

 

If his employer is offering this, their immigration attorneys should be able to offer some insight. 

 

Until then, I cant justify abandoning the K1. I recognize it is more expensive but I am fortunate enough to afford it and with his savings+my income we can survive comfertably while he waits for AOS on the K1 visa. 

IF they come back offering the L1 petition, we will absolutley consider it. Especially if google is right and the timeline is only 2-4 months. 

Thank you both for your reponses... hopefully he can get in touch with the immigration lawyer asap. 

[Boiler 45,466]

If it is just theoretical nothing to do, no need to even think about it until he has a L. I thought Canadians can do a L at the Border?

[mam521 2,060]

2 minutes ago, Boiler said:

If it is just theoretical nothing to do, no need to even think about it until he has a L. I thought Canadians can do a L at the Border?

Lawyers prepare the petition and you show up at a preclearance airport and adjudicate like a TN, so really, it's how fast the lawyers can get their 💩 together and get the forms filled out and HR provide the relevant required documentation (training records, company's annual report, etc).  

 

To the OP, if it is an L1 petition, your partner needs to check that EVERY paper in that petition has the "i's" dotted and the "t's" crossed because the lawyers screw up all of the time.  They had stuff wrong in my petition when I initially moved to the US on an L1.   

 

If they are only offering a TN, then it won't work - your partner will be denied because immigrant intent has already been shown.  

[Dana.L 12]

34 minutes ago, mam521 said:

Lawyers prepare the petition and you show up at a preclearance airport and adjudicate like a TN, so really, it's how fast the lawyers can get their 💩 together and get the forms filled out and HR provide the relevant required documentation (training records, company's annual report, etc).  

 

To the OP, if it is an L1 petition, your partner needs to check that EVERY paper in that petition has the "i's" dotted and the "t's" crossed because the lawyers screw up all of the time.  They had stuff wrong in my petition when I initially moved to the US on an L1.   

 

If they are only offering a TN, then it won't work - your partner will be denied because immigrant intent has already been shown.  

Thank you for this info! I just called him and when I read your comment to him, he said "Oh! TN is what they offered!" 

So he will call them today and ask about the L1 and see if we get lucky. Good to know TN is a no-go. 

Luckily, my Fiance is on-top of his stuff, and would comb over that visa info like his life depended on it. So if L1 does happen, he would catch any mistake. 

I really appriciate all the responses. Knowlegde is power! 

Edited November 13, 2023 by TBoneTX
edited word-filter avoidance

[Boiler 45,466]

TN is a non immigrant visa, very different to a L.

[Dana.L 12]

3 minutes ago, Boiler said:

TN is a non immigrant visa, very different to a L.

Yes, I know that now. Hopefully they come back and say L1 is possible!  If not, we will continue K1 path. 

 

Thank you Boiler! You are a rockstar... 71.6K comments is amazing! Doing Gods work lol 

[Ontarkie 14,218]

~~MOved to Work Visas, from K1 P&P- as the OP is asking about a Work Visas while waiting on the K1's 221G~~

[SalishSea 17,818]

3 hours ago, Dana.L said:

Yes, I know that now. Hopefully they come back and say L1 is possible!  If not, we will continue K1 path. 

 

Thank you Boiler! You are a rockstar... 71.6K comments is amazing! Doing Gods work lol 

Keep in mind that with the K-1, he won’t be able to work once he arrives, until he receives an EAD.   This could take up to one year.

[Dana.L 12]

3 minutes ago, SalishSea said:

Keep in mind that with the K-1, he won’t be able to work once he arrives, until he receives an EAD.   This could take up to one year.

 

Yes, well aware of this. We are prepared and have been saving for two years now to have a heafty emergency fund since we will be surviving on just my income. 

[NorthByNorthwest 350]

13 hours ago, Dana.L said:

Should he "quit" his job, move down on K1 visa and wait for an EAD like everyone else, OR is it okay for him to be sponsered by his company simultaneously with the K1. 

Thank you in advance for your replies! I am not willing to risk messing up this process after waiting 2+ years. 

 

I was in this exact situation back in 2017 where the company offered to do L-1B with blanket approval that would have had me working within weeks, but I opted to stick with K-1 to AOS faster without any dependency on the company in case my new role didn't work out. However, at the time EAD approval times were 3-4 months so I just took a long-ish vacation and the company was fine with that. 

 

With the current wait times I'd probably have gone with the L-1B, I'm not sure my company would have waited a year for me to get EAD. If it had been L-1A on the table it would have a no-brainer since you can transition to EB-1C without PERM certification and have a green card in hand in less than a year anyway.

[Dana.L 12]

9 hours ago, NorthByNorthwest said:

 

I was in this exact situation back in 2017 where the company offered to do L-1B with blanket approval that would have had me working within weeks, but I opted to stick with K-1 to AOS faster without any dependency on the company in case my new role didn't work out. However, at the time EAD approval times were 3-4 months so I just took a long-ish vacation and the company was fine with that. 

 

With the current wait times I'd probably have gone with the L-1B, I'm not sure my company would have waited a year for me to get EAD. If it had been L-1A on the table it would have a no-brainer since you can transition to EB-1C without PERM certification and have a green card in hand in less than a year anyway.

Okay wow! Thank you for sharing!
We discussed it a lot last night, and even though the wait times are longer now, he has the same thought process as you - a long vacation might be nice. He has a very intense job, and for the past few years has been working non-stop 14+ hour shifts, often switching between days and nights. We both think a break would be good for him, and he is prepared for the inevitable moment when he realizes he is BORED lol. 

 

His company will hire him back as soon as he has the EAD, even if it takes a year. For that, he is incredible fortunate. But - he's worked really hard for that priviledge. 

We have a really good support system, and feel that continuing K1 is most likely the best way to go for us. So far the response from the company has been TN visa only... which I now know wont work - he has a meeting with them later this week to discuss L1 visas.