K1-Can interview be given in foreign country?

[rsda 0]

My fiancee is an Indian citizen and currently studying in Uk since Sept07 and we plan on filing K1. However; i have following questions:-

1) Can he appear for interview in Uk,since it will be hard to take time off during semesters. What is the residency rule of UK,6 months or 1 yr ?

2) Can he work immediately after getting K1? or needs to wait until marriage? As he has plans to do internship during summer in usa. We were thinking if visa gets approved then he come here ,do internship and court marriage and he leaves to uk after AP is approved and come back after college is done. My major concern is "temp. work visa",will that be given at port of entry,at JFK ? so that he can start intern and meanwhile we arrange for court marriage date and do other formalities.

3) How long it takes for AP approval ? since he needs to get back to UK to hand off college projects

4) Does he also needs to appear for finger printing? if so then can that be done in uk too ?

5) Will it affect if he comes to usa on K1 and disclose internship plans? Its obvious we will be doing court marriage too,but just a thought as what to say to custom ppl? What if they reject thinking a person has internship lined up too before court marriage ?

Pls assist me with this !!

Thanks for your time

rsda

[YuAndDan 153]

1) Yes, it can take place in country og residence, (UK)

2) Yes, K-1 is a work authorized visa, however many employers will want to see EAD stamp or EAD card, before hiring. K-1 is work auth primarily to enable getting a SSN, some states require SSN before issuing a marriage license. K-1 is not a work visa it is a fiancee visa with marriage in USA as it's primary use.

If employment is primary concern you may consider CR-1 visa, it is an immigrant visa that results in green-card upon entry to the USA allowing work. You need to marry before filing the visa petition.

3) Up to 90 days for AP after marriage, and filed with AOS

4) Finger printing is done in the USA for AOS

5) NO

[rsda 0]

Thanks YuAndDan for your prompt response

Can you also answer :-

Regarding #2. HOw long does it take to get EAD card ? Is it between 3 months ?

Regarding#3. At the time of AP can he give reason of "Getting back to UK to finish of college",will that be good reason? or will they doubt that AP was pre planned ? b/c it is indeed pre planned to get back to Uk to get the degree and come back to USA again.

thanks for your help

rsda

[YuAndDan 153]

Thanks YuAndDan for your prompt response

Can you also answer :-

Regarding #2. HOw long does it take to get EAD card ? Is it between 3 months ?

Regarding#3. At the time of AP can he give reason of "Getting back to UK to finish of college",will that be good reason? or will they doubt that AP was pre planned ? b/c it is indeed pre planned to get back to Uk to get the degree and come back to USA again.

thanks for your help

rsda

EAD can take up to 90 days, and for K-1 it must be applied for with or after filing for AOS (I-485)

AP for family based immigrations can be for personal reasons, and need not be specified. Keep in mind you need to be present in USA for biometrics, and green-card interview.

[*julez* 124]

Thanks YuAndDan for your prompt response

Can you also answer :-

Regarding #2. HOw long does it take to get EAD card ? Is it between 3 months ?

Regarding#3. At the time of AP can he give reason of "Getting back to UK to finish of college",will that be good reason? or will they doubt that AP was pre planned ? b/c it is indeed pre planned to get back to Uk to get the degree and come back to USA again.

thanks for your help

rsda

If he's going to be out of the US for an extended period of time, you might be better just getting married and filing for the CR-1.

[YuAndDan 153]

Thanks YuAndDan for your prompt response

Can you also answer :-

Regarding #2. HOw long does it take to get EAD card ? Is it between 3 months ?

Regarding#3. At the time of AP can he give reason of "Getting back to UK to finish of college",will that be good reason? or will they doubt that AP was pre planned ? b/c it is indeed pre planned to get back to Uk to get the degree and come back to USA again.

thanks for your help

rsda

If he's going to be out of the US for an extended period of time, you might be better just getting married and filing for the CR-1.

Yep, what I said for #2

CR-1 costs less (NO AOS ($1010) and NO EAD).

Edited November 28, 2007 by YuAndDan