questions questions questions
#1
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questions questions questions
Hi there,
I know there must have been hundreds of these threads so I do apologise, but I couldn't seem to find the answer I was hoping for.
My girlfriend is over in Boston and we are currently trying to go down the employment visa route into the US. However, after researching, speaking with an attorney out there and asking about jobs it seems a very long and drawn out process. Apply for a job by 1st April 2012 and move out there by 1st October 2012. This is all well and good, however is this route quicker and easier.
What are the issues with going to visit whilst being engaged as well ?
Basically, would this route be quicker for us, and once engaged and forms/documents/petitions sent by ourselves, can I still go and visit her ?
Many thanks for all your anticipated help!!!
Mark
I know there must have been hundreds of these threads so I do apologise, but I couldn't seem to find the answer I was hoping for.
My girlfriend is over in Boston and we are currently trying to go down the employment visa route into the US. However, after researching, speaking with an attorney out there and asking about jobs it seems a very long and drawn out process. Apply for a job by 1st April 2012 and move out there by 1st October 2012. This is all well and good, however is this route quicker and easier.
What are the issues with going to visit whilst being engaged as well ?
Basically, would this route be quicker for us, and once engaged and forms/documents/petitions sent by ourselves, can I still go and visit her ?
Many thanks for all your anticipated help!!!
Mark
#2
Joined: Aug 2004
Location: Eugene, OR
Posts: 1,352
Re: questions questions questions
Hi Mark -
Quick answer is - employment visa route is long, uncertain, and once you get there you could lose the job and be forced to go back to the UK with very little notice.
If you and your girlfriend are planning on marriage, that's a much more reliable method of moving. You can visit while engaged, and you can even visit while the relationship visa application is in progress.
Quick answer is - employment visa route is long, uncertain, and once you get there you could lose the job and be forced to go back to the UK with very little notice.
If you and your girlfriend are planning on marriage, that's a much more reliable method of moving. You can visit while engaged, and you can even visit while the relationship visa application is in progress.
#3
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Re: questions questions questions
Hi avanutria,
Thanks for your reply,
So in all honesty this is the way to go forward with things you would suggest ?
In terms of timescales then, i know marriage would need to take place within 90 days after moving, how long does the process take if I were to start then ?
And in general terms, is this quicker/easier than employment based ??
Thanks
Thanks for your reply,
So in all honesty this is the way to go forward with things you would suggest ?
In terms of timescales then, i know marriage would need to take place within 90 days after moving, how long does the process take if I were to start then ?
And in general terms, is this quicker/easier than employment based ??
Thanks
#4
Re: questions questions questions
Yes indeed Id look into the marriage route. With a fiancee VISA its currently taking between 5-8 months it seems, and when granted you have 90 days to get married in the US You can indeed visit her while its processing, Hubby and I went CR1 route, but I visited twice while it was all being processed.
Or you could get married then file an I-130 and do the CR1 route, which is cheaper, and can be 1-2 months longer, but right now its about the same amount of time.
On the CR1 you can work as soon as you get to the states, no need to wait for EAD.
So if you filed for a fiancee VISA this month, you'd probably be looking at moving over Feb-March ish, and being able to work by June-ish? Im not certain on the work bit, as we did CR1 so K1's are not familiar to me. But as I understand it, when you get there, you get married, then send off all your bits and apply for the EAD work card thingy :P
Or you could get married then file an I-130 and do the CR1 route, which is cheaper, and can be 1-2 months longer, but right now its about the same amount of time.
On the CR1 you can work as soon as you get to the states, no need to wait for EAD.
So if you filed for a fiancee VISA this month, you'd probably be looking at moving over Feb-March ish, and being able to work by June-ish? Im not certain on the work bit, as we did CR1 so K1's are not familiar to me. But as I understand it, when you get there, you get married, then send off all your bits and apply for the EAD work card thingy :P
Last edited by britishspouse; Jul 21st 2011 at 3:57 pm.
#5
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Re: questions questions questions
Thank you for your response as well,
So this way really seems the best road to take, if we want things to go quicker and more straight forward, rather than through employment. employment obviously seems tough, applying for a job to start october 2012, seems quite unreasonable to be fair, who employees for that long of a distance!!!
So getting engaged and filling the petition would take 5-8 months, and i could still visit her whilst its processing, and could apply for work when i arrive ?
So this way really seems the best road to take, if we want things to go quicker and more straight forward, rather than through employment. employment obviously seems tough, applying for a job to start october 2012, seems quite unreasonable to be fair, who employees for that long of a distance!!!
So getting engaged and filling the petition would take 5-8 months, and i could still visit her whilst its processing, and could apply for work when i arrive ?
#6
Re: questions questions questions
Over at VJ they have a forum dedicated to K1 visas you could look in there and see some example timelines http://www.visajourney.com/forums/fo...ss-procedures/
Also check out the K1 wiki here http://britishexpats.com/wiki/K1
Here is what it states about EAD
K1 visa holders are technically "work authorized" for the 90-day period of the foreign fiancé(e)'s I-94, but they still need proof of this to fufill the requirements of form I-9. This proof, for a K1 visa holder, comes in the form of an Employment Authorization Document (EAD).
A K1 visa holder can apply for an EAD under category (a)(6) on form I-765, but the resulting EAD only covers the validity period of the holder's I-94 (i.e. 90 days), it costs $340 and can take up to 90 days for the application to be adjudicated and the card received. For this reason, very few K1 visa holders opt for this temporary EAD upon arrival.
If the K1 visa holder arrives into the United States at John F. Kennedy (JFK) Airport in New York, they may be able to get their I-94 stamped with a temporary stamp which acts as an EAD. Again, this is only covers the 90 validity period of the I-94, but it is given on arrival. Note: Not all K1 visa holders obtain this stamp from JFK Airport when they arrive. If the temporary stamp is not given, politely ask for it while you are in secondary processing.
Because not all K1 visa holders manage to obtain work authorization until they adjust their status and receive their 1 year EAD or Green Card, it is probably a good idea to assume that the foreign fiancé(e) will be unable to work for a few months after entering the United States. The best advice is to plan and prepare for this period of unemployment.
#7
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Re: questions questions questions
So you were in a similar sort of position, wondering whether to go for employment visa or marriage.
I am of the opinion we know we want to spend the rest of our lives together and employment seems very long and a drawn out process, interviews and from now till october 1st 2012 (not even this year seems crazy),
marriage visa, would take less time and be easier you would recommend ?
this is a huge thing to consider, and i need all the help and advice i can get, i appreciate your help
I am of the opinion we know we want to spend the rest of our lives together and employment seems very long and a drawn out process, interviews and from now till october 1st 2012 (not even this year seems crazy),
marriage visa, would take less time and be easier you would recommend ?
this is a huge thing to consider, and i need all the help and advice i can get, i appreciate your help
#8
Re: questions questions questions
So you were in a similar sort of position, wondering whether to go for employment visa or marriage.
I am of the opinion we know we want to spend the rest of our lives together and employment seems very long and a drawn out process, interviews and from now till October 1st 2012 (not even this year seems crazy),
marriage visa, would take less time and be easier you would recommend ?
this is a huge thing to consider, and i need all the help and advice i can get, i appreciate your help
I am of the opinion we know we want to spend the rest of our lives together and employment seems very long and a drawn out process, interviews and from now till October 1st 2012 (not even this year seems crazy),
marriage visa, would take less time and be easier you would recommend ?
this is a huge thing to consider, and i need all the help and advice i can get, i appreciate your help
If you both love each other and are serious and have discussed marriage id def recommend the marriage visa over the K1. It costs less in the long run, and will allow you to work upon entering the USA, and is normally only a month or so longer than the K1 time line. In some cases it can even be quicker, providing you do your research, have everything ready and get no RFE's
#9
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Re: questions questions questions
So really, i would need to be in a position where i wont be able to work for the 90 days is that correct ?
but in that time between arriving and the 90 days of planning the wedding, i could look for jobs, go to interviews and be offered something ??
but in that time between arriving and the 90 days of planning the wedding, i could look for jobs, go to interviews and be offered something ??
#10
Re: questions questions questions
K1 visa holders are technically "work authorized" for the 90-day period of the foreign fiancé(e)'s I-94, but they still need proof of this to fufill the requirements of form I-9. This proof, for a K1 visa holder, comes in the form of an Employment Authorization Document (EAD).
A K1 visa holder can apply for an EAD under category (a)(6) on form I-765, but the resulting EAD only covers the validity period of the holder's I-94 (i.e. 90 days), it costs $340 and can take up to 90 days for the application to be adjudicated and the card received. For this reason, very few K1 visa holders opt for this temporary EAD upon arrival.
If the K1 visa holder arrives into the United States at John F. Kennedy (JFK) Airport in New York, they may be able to get their I-94 stamped with a temporary stamp which acts as an EAD. Again, this is only covers the 90 validity period of the I-94, but it is given on arrival. Note: Not all K1 visa holders obtain this stamp from JFK Airport when they arrive. If the temporary stamp is not given, politely ask for it while you are in secondary processing.
Because not all K1 visa holders manage to obtain work authorization until they adjust their status and receive their 1 year EAD or Green Card, it is probably a good idea to assume that the foreign fiancé(e) will be unable to work for a few months after entering the United States. The best advice is to plan and prepare for this period of unemployment.
#11
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Joined: Jun 2011
Posts: 20
Re: questions questions questions
So just to clarify, you done the CR1 visa which is getting married first ??
So how did your process work if you dont mind me asking
So how did your process work if you dont mind me asking
#12
Re: questions questions questions
Thank you for your response as well,
So this way really seems the best road to take, if we want things to go quicker and more straight forward, rather than through employment. employment obviously seems tough, applying for a job to start october 2012, seems quite unreasonable to be fair, who employees for that long of a distance!!!
So getting engaged and filling the petition would take 5-8 months, and i could still visit her whilst its processing, and could apply for work when i arrive ?
So this way really seems the best road to take, if we want things to go quicker and more straight forward, rather than through employment. employment obviously seems tough, applying for a job to start october 2012, seems quite unreasonable to be fair, who employees for that long of a distance!!!
So getting engaged and filling the petition would take 5-8 months, and i could still visit her whilst its processing, and could apply for work when i arrive ?
You should have a read here, it describes the two marriage-based methods of immigrating: http://britishexpats.com/wiki/Compar...ge-based_visas
With the K-1 fiance visa, you won't be able to work for several months after your arrival. With the CR-1 spouse Immigrant Visa, you can work immediately from Day 1 in the USA.
Either way, you can visit the USA while the process is going on.
Rene
#13
Re: questions questions questions
Rene
#14
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Re: questions questions questions
Hi Noorah,
Thanks for your help,
Can you easily explain the difference between CR1, K1 and IR1 then please ??
Thanks for your help,
Can you easily explain the difference between CR1, K1 and IR1 then please ??
#15
Re: questions questions questions
In our case, I arrived in the US at the end April, we got married in June, it took about 10 days to assemble all the paperwork for AOS, we are still waiting for them to cash our check. It will be around 90 days from when they cash that check before I can work!
Provided there are no issues with the paperwork etc....