One Question

[MoonChild 0]

Namaste everyone! I live in India, and I am in an online relation with this girl in California. We have not met yet and sShe is unable to travel out of USA as of now, hence I am planning to be with her for a few months to come. My question is, if I come on a sponsorship (my friends can sponsor my visit), is it possible for me to work in the USA? Another question is, if she and I get married, can we get the K1 filed without any hazzles?

Thanks in advance.

Edited November 8, 2007 by MoonChild

[YuAndDan 153]

If you enter the USA on a visitor's visa you are NOT work authorized, and USCIS wont issue EAD work authorization to temporary visitors.

You may want to read I-765 directions and see if the visa that you will enter the country can file for EAD.

http://www.uscis.gov/files/form/I-765instr.pdf

[Chica Yeyé 41]

K1 is for fiancees. If you get married you file either K3 or CR1. However, if it was your intention to come over AND marry, that's visa fraud me thinks, so be careful; you don't want to risk a ban.

Good luck and have a lovely trip!

[MoonChild 0]

opps, thank you. I shall research more on this.

[pushbrk 12,897]

opps, thank you. I shall research more on this.

Visitors do not receive work authorization. Since you haven't met yet, I take it that your visit would be a get to know you kind of thing. Perhaps some time after you arrive, you'll decide you wish to marry. If so, one of your options under those circumstances, is to simply marry and adjust status to permanent resident.

This plan requires you to be unemployed for your entire courtship plus a minimum of three months to receive employment authorization after filing to adjust status.

This is an option and it's certainly ok to be aware of it. The key issue is when you actually decide to marry. That decision has to be after your arrival, not before. Seems perfectly reasonable, since you haven't met yet anyway.

It's also important to note that a "visitor" would not bring all their worldly possessions with them. It's a good way to be denied entry.

Edited November 8, 2007 by pushbrk

[Rob & Jin 0]

opps, thank you. I shall research more on this.

Visitors do not receive work authorization. Since you haven't met yet, I take it that your visit would be a get to know you kind of thing. Perhaps some time after you arrive, you'll decide you wish to marry. If so, one of your options under those circumstances, is to simply marry and adjust status to permanent resident.

This plan requires you to be unemployed for your entire courtship plus a minimum of three months to receive employment authorization after filing to adjust status.

This is an option and it's certainly ok to be aware of it. The key issue is when you actually decide to marry. That decision has to be after your arrival, not before. Seems perfectly reasonable, since you haven't met yet anyway.

It's also important to note that a "visitor" would not bring all their worldly possessions with them. It's a good way to be denied entry.

A visitors visa is not a duel intent visa, you can certainly marry but my understanding is you would have to return to India when the lenght of stay on the visa has expired. I really cant see how who you could apply for AOS and succeed, if that was the case there would be no need for K-1 or K-3 visas. Every one would come here as tourists get married, stay and file AOS, which would be quicker, cheaper, and cut DOS / Consulate part out completly.

Edited November 8, 2007 by Rob & Jin

[MoonChild 0]

Thank you, I do understand the technicalities!

[StillThePrettiest 3]

I don't know, Rob & Jin; I see your point, and it's good, but surely this is where we come down to that VERY tricksy notion of 'intent'... if someone is coming to visit his online girlfriend for the first time, and IF they get on well THEN they will consider marriage, is there intent at the border? I would say not... whether immigration would see it that way is another issue, but I would say that at the moment of entering the country the person could sincerely say that they have not arrived for the purposes of marriage

of course I will hurriedly add the disclaimer that this is me thinking aloud more than anything, so the OP should make up his own mind (after extensive research!) and NOT see what I've said above as advice, but it's an interesting one, with more legal 'outs' than most of us have had

[Bforbarree 4]

I hope things go well when you meet in person for the first time, it is all very exciting! Save all your receipts, boarding passes, maybe post a few cards to her before you leave home and once you return (remember to save the postmarked envelopes and bear in mind that they will be submitted as evidence), and remember to take lots of pictures both together and with her friends/family, you will need them if you petition!

Good luck