Gunse

We were planing on getting married and wanted to initiate the K1-visa and petition to
be eligible to get married within the US. According to the public visa information
the time to file for the petition and K1-visa is about four to six months. Currently
I am working in Germany but my company plans to send me to the US to work there
starting March 2003 (in six months). This means my company will initiate a working
visa application for me within the next four months. These two visa applications
would now overlaps and it is not sure if the K1-visa process will be completed by the
time I need to pick up work for the company within the US. My question now is what
would be the appropriate approach? Should we apply for the K1-visa or wait until I
will have picked up work within the US? And when I will be in the US with a working
visa, what do we have to do to change the status of the visa to a K1-visa (if
necessary to marry my fiancé) and if so will I still be allowed to work for my
company within the US during the time of the progress?

Gunse

Chris Parker

    > We were planing on getting married and wanted to initiate the K1-visa and petition
    > to be eligible to get married within the US. According to the public visa
    > information the time to file for the petition and K1-visa is about four to six
    > months. Currently I am working in Germany but my company plans to send me to the US
    > to work there starting March 2003 (in six months).

You must be a U.S. citizen to petition for a K1 visa.

You should get married before you apply for your U.S. work visa, and she should apply
with you for the work visa as your spouse.

CP

Agresao

[email protected] (Gunse) wrote in message
news:<[email protected]. com>...
    > We were planing on getting married and wanted to initiate the K1-visa and petition
    > to be eligible to get married within the US. According to the public visa
    > information the time to file for the petition and K1-visa is about four to six
    > months. Currently I am working in Germany but my company plans to send me to the US
    > to work there starting March 2003 (in six months). This means my company will
    > initiate a working visa application for me within the next four months. These two
    > visa applications would now overlaps and it is not sure if the K1-visa process will
    > be completed by the time I need to pick up work for the company within the US. My
    > question now is what would be the appropriate approach? Should we apply for the
    > K1-visa or wait until I will have picked up work within the US? And when I will be
    > in the US with a working visa, what do we have to do to change the status of the
    > visa to a K1-visa (if necessary to marry my fiancé) and if so will I still be
    > allowed to work for my company within the US during the time of the progress?
    > Gunse

From what you say, although it's not really clear, I understand that your fiancee
is the American citizen. Your company can apply for your work visa (L-1 or H-1B) at
the same time your fiancee applies for the K-1 visa. K-1 approval might take up to
6 months, the working visa too (unless you request premium processing). I can go
both ways, and then at a later stage chose the one that gets approved faster, or
the one who brings you more security for the future. (K-1 will get you a
conditional green card)

If you get to the US on the working visa, you don't go the K-1 way anymore (only
people outside the US can use it). You can marry and apply for family-based
immigration (I-130) and adjustment of status (I-485). During the time your
family-based petition is pending, you will be allowed to work for your company - you
can keep your previous status (H-1 or L-1).

Good luck!

Gunse

Thanks for the response and yes she is US-citizen.