Stokesy1979

After marrying on the K1 and filing for AOS do i have to wait in the UK or can I stay in the US and get a work permit?

Tracym

Oh you get to stay once you arrive with the K-1.

You may get a stamp authorizing work when you arrive, if through JFK. You apply for the work permit (EAD) after you marry and apply for AOS.

hcj1440

The concern with a prior marriage to an "alien" is usually:

1) Suspicion of marriage fraud to obtain immigration benefits. Since she never filed for her ex, he never lived in the US, and the divorce was initiated shortly after the marriage, I personally do not see this coming into play. But ask a lawyer.

2) If she had brought her ex over on a fiance visa before, I believe she would need some sort of waiver to file for another fiance visa within a two year period. This does not apply to you as he came over on VWP.

Also UK fiances may "self-sponsor":
http://www.usembassy.org.uk/cons_new...affidavit.html

Tracym

Oh make sure your fiancee starts hunting for her documents soon - extricating them from courthouses can take forever, if perchance anything is out of town. She needs her passport, offical copy of marriage registration, official copy of divorce decree. I can't think of what else just now.

You need to get a police check done and the long-form of your birth certificate. If you were married before, you need marriage and divorce papers also of course. The police check is only good for one year, so I wouldn't do it until after her divorce is final.

Noorah101

Yes.

Yes.

Just make sure to check on what it takes to get married in her state, just in case there is a time period you'll need to wait between getting the marriage license and actually getting married. Different states have different regulations.

And no, it won't look bad to USCIS if you get married soon after her divorce is final. All they care about is that you are both legally free to marry.

Rene

Tracym

Good point. Or check out whatever state you'd like to be married in - many have no residency requirement. So if you don't care to marry where she lives, you might be able to take a vacation somewhere that suits you both. Just more options.

Noorah101

Make sure you check whether she is even allowed to file for another immigrant, whether it be fiance or spouse. I believe there is a limit on how many petitions a USC can apply for during a certain time frame...for example, once every 2 years, something like that.

If I were you (or her), I'd go in person to check with an immigration attorney. A 1-time consultation is only about $100, and he can answer all the questions about which route is best, and can determine whether she even qualifies to file a new petition after filing one for her ex-spouse.

Rene

snowbunny

The work permit is not issued immediately, however -- it takes (right now) about a month to two months at best. You can use the time to look for a job but you may have a hard time finding one that is willing to wait for you while you're awaiting your EAD (employment authorisation).

Tracym

Maybe read up a bit if you have time

she has not sponsored anyone else, and they are already going to an attorney.

Tracym

While a work permit can take 90 days, you can (sometimes) get an entry stamp which allows you to work immediately. The problem is, there may be a gap between the end of that stamp (good for 90 days) and the arrival of the EAD.

Noorah101

I don't think it really matters to USCIS which way someone files...whether it be a fiance or spouse. The history is still there, the same checks are done either route, etc. USCIS just sees it as a USC applying for a benefit for their fiance/spouse, and that's it. All they care about is whether the people involved are qualified to receive the benefit. They don't care if you're engaged or married at the time.

Rene

Tracym

Our attorney told us sometimes USCIS does prefer the fiance route. Of course, one person's opinion.

Noorah101

A K-1 applicant in the UK can use his own assets to self-sponsor, instead of the USC filling out the I-134. Once he's in the USA doing AOS, then they can use combined income on the I-864.

Rene

Noorah101

Once you enter on the K-1 and file AOS, you are allowed to remain in the USA. You will file for the EAD (work permit) at the same time you apply for AOS. Also, if you want to take any trips back home while waiting for your AOS interview, you'll need to file for AP (travel document).

Rene

Noorah101

She doesn't necessarily need the Certified Copy of her Marriage Certificate (I included one, but I don't think it's a requirement).

She does need the Certified Copy of the Divorce Decree.
She does need a Certified Copy of her Birth Certificate.

I don't believe she needs a passport, necessarily. But the relevant pages from her passport which shows they met in person will be helpful.

Rene