mark_bankover

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

avanutria

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.

mark_bankover

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

britishspouse

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

mark_bankover

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 ?

britishspouse

Yep. You wouldn't be able to work instantly though, like you can on the CR1 visa. You'd get married. Send in your forms after marriage, then would receive your work authorization in the post, not 100% sure on timelines for that, you'd be best to check in the K1 posts

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.

mark_bankover

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

britishspouse

Well no not exactly. I met hubby online in 2005. And then got an F1 student VISA in 2006, so i could get a degree and see if our relationship worked out. then after i gradated in 2010 we got married. I returned to UK and we went down the CR1 route. It sucked not being able to work in America while on my F1 visa, but hubby earned enough it was an issue.

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

mark_bankover

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 ??

britishspouse

Yeah I think so, as I said we didnt do the K1 so im not 100% maybe the pro's can answer that lol. The way the WIKI words it though is that you can sometimes work in those 90 days, it just depends I guess. Im not the best person to ask, as I didnt do K1. so ill keep quiet on that bit lol.



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.

mark_bankover

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

Noorah101

Hi and Welcome to BE.

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

Noorah101

Mark, I suggest going to our Wiki Guide and reading up on the two available visas: K-1 and CR-1 Immigrant Visa. Instead of asking people to spell out the whole process here, you can go read about it, then come back with any questions about something you don't understand.

Rene

mark_bankover

Hi Noorah,

Thanks for your help,

Can you easily explain the difference between CR1, K1 and IR1 then please ??

ljaw2002uk

Not just 90 days - 90 days from your AOS (adjustment of status) paperwork being accepted. You will only be able to submit your AOS once you are married, so unless you intend to get married and get your paperwork sent off instantly when you get to the US, you need to plan for a longer wait than that.

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....