carolbeths

Hi all,

I hope I am not repeating anybody's questions; I have looked pretty thoroughly and am essentially trying to sum up what I've found. I'm looking to see if somebody can tell me whether this is right:

I am a USC and my fiance is a UKC, living in London. Once he finishes school, he wants to move to California to be with me and preferably start working as soon as possible. I'm employed and make enough money that I can sponsor him and we can sustain for a while if we need to wait for paperwork, but the extra cash would be nice and I don't want him to get terribly bored (I work long hours).

He's been offered a job in California, but the company does not want to sponsor a work visa. I am thinking that if he comes to visit me here (either on K-1 or VWP trip) and we just do a quicky wedding at the courthouse, then apply for AOS and an EAD directly afterwards, that is the quickest way to get him working. Is there another way? I guess I am old fashioned and I'm planning this big wedding and I'd really prefer if that were how we ACTUALLY got married, rather than legally being married before I walk down the aisle and such.

Any thoughts or suggestions are appreciated. Many thanks.

Noorah101

1. If he enters on the K-1 (as you suggest above), you can get married quickly and then file for his adjustment of status (AOS) quickly. He would get his employment authorization document (EAD) in hand about 90 days later. So he will not be able to start working very quickly this way, but it's a legal way to immigrate to the USA. Keep in mind that it takes 6 - 8 months for him to get the K-1 visa. The company probably will not keep a position open that long, though.

2. You also suggest him entering on the VWP, getting married, and then filing AOS right away. It is illegal for him to enter the USA as a visitor with the intent to remain in the USA and adjust status, so don't go down that route. It's NOT the correct way to immigrate to the USA.

3. If it's important for him to work right after his arrival, you can get married while he's in the USA on the VWP (nothing illegal about that). Then he returns home and does an Immigrant Visa. When he enters the USA using his Immigrant Visa, he becomes a US Permanent Resident from Day 1, and is fully work authorized from Day 1. He can begin work immediately. It takes about 8 - 10 months to get the Immigrant Visa in hand. The company probably will not keep a position open that long, though.

As far as I can see, those are your options.

Rene

carolbeths

Thanks Rene,

We're certainly not looking to get him into the country illegally (especially since I'm a lawyer and that would definitely affect Bar member status!), just able to work here expeditiously. I wish the company would just sponsor a work visa or, alternatively, that there were any immigration lawyers here at my firm. I would feel bad if he had to sit at home for 6-8 months while I go to work every day, that's all. But if that's what it takes, then so be it. Thanks for your help.

Noorah101

He won't be out of work authorization THAT long (6 to 8 months). If he arrives on an Immigrant Visa, he'll have work authorization from Day 1. If he arrives on a K-1 fiance visa, he'll have work authorization about 90 days after you marry and file AOS.

He won't be unauthorized to work for 6 to 8 months.

However, in this economy, he might not be ABLE to find a job anytime soon after he arrives on either his Immigrant or K-1 visa. That's a different story altogether.

Rene

S Folinsky

You may want to look around for a colleague who practices immigration law for some "professional courtesy."

meauxna

Speaking of, are you going to add your credentials back in to your signature and profile, like the other professionals... for the people who don't know you from before?

carolbeths

Ah see, I was thinking 6-8 months as 90-days on the K-1, wedding, then 90 days to get EAD, plus some time for paperwork, etc. I am making him be here to wedding-plan and/or fix my bridal emergencies in the final months. Which brings me back to my original plan of taking him to city hall on day 2 and cutting out the first 90 days... it just seems so un-romantic.

PepsiChic

the 6-8 months for the K1 visa your UKC fiancee would need to be in the UK for, he could visit you on the VWP while the process is going on, but the general rule of thumb would be for him to spend more time in the UK then in the US while the process is on-going. (ie. if he visits you for say 1 month, he needs to spend more time then 1 month in the UK before he visits you again)

He will have to have a medical exam with the knightsbridge doctors in london as well as attend an interview at the US embassy in London. this is further along and the end of the K1 process.

Once he enters the USA he has 90 days in which to marry you, that is the requirment of the K1 visa. Then once you have your marriage license back He can apply for AOS and his EAD, they generally takes about 90 days to get from when he applies for it. He can then start work.

Moonshadow_Girl

Only unromantic if you make it unromantic. My DH came on a K-1 on Jan 5, 2008. Our big family wedding was planned for March 29, 2008. But both being practical and wanting to get the AOS ball rolling asap, and getting him on my insurance, we married secretly on Jan 30, 2008. (His b-day btw, he chose the date.) Two dear friends were our witnesses, and we were very blessed to have a former colleague of mine marry us (twice! She did our court house wedding and also did our big wedding ceremony).

To this day, only our two dear friends, our judge, and her secretary, oh, and our immigration attorney (not completely necessary, but only for our peace of mind), know of our secret wedding. Our AOS package was off by the end of the week. His AP and EAD were both dated April 2, 2008, Green Card dated June 26, 2008.

While the process was smooth sailing, finding employment was not. My DH didn't find a job until October 2009. Just keep that in mind in today's economy. We were prepared for it. We both saved like crazy before his arrival, and our frugal ways served us well.

Good luck!

jeffreyhy

Ms_G,

Great post, it touches on several important issues. Thanks for sharing your story.

Regards, JEff

Elvira

Indeed.

I fear some of Mr F's useful pointers are getting lost at the moment...

Bluegrass Lass

Once the K1 visa is approved, the recipient has 6mo to enter the US on the visa and another 90 days to marry you. So you'd feasibly have about 9mo to plan a wedding from the time he receives his K1.

FWIW, we picked a wedding date about 5mo after my (now) hubby's I-129f was approved (this is not the actual visa) and he waited to come over on his K1 til about 3weeks before the wedding date. We decided that we only wanted the one wedding as well (being it was the first for both of us), so we opted to go to a chapel that did an all-inclusive deal. They did the ceremony/reception/flowers/videography/flowers/etc and all I had to really pick out was my dress. It was the best that we could do to make sure that all the important people could be there to celebrate the day with us and still have the romantic aspect of the day.