BubbleChog

Hello All

Me and my SO have spent a lot of time reading up here and also on the Uk-yankee site which was recommended and we have decided that it makes most sense for me to move to US, He has better job, better prospects etc.

This means my only options are the CR1 or the K1. He is leaning towards the K1 because of the quicker processing time which means we could be together sooner. I am worried about the additional steps after I get to US on the K1. He has tried to reassure me that I won't have to work at all and I know the job market is even worse in Atlanta than here in Lancaster but the thought of not even being eligible to work turns my blood to ice. I've worked my whole adult life, From saturday girl at woolworths while I was taking my a-levels until now.

I have been reading up about the Adjustment of status which I will need to be able to work. How long could this process take? Would it be quicker to just marry him when I am next over and go the CR1 route?

Any advice would be gratefully received
Lx

Noorah101

The whole adjustment of status (AOS) process can take around 6 months or so. But before that, you can receive an employment authorization document (EAD) which allows you to work. That takes about 90 days from filing AOS. So at minimum, figure about 3 or 4 months where you won't be eligible to work.

Quicker in what way? The K-1 entire visa process takes about 6 - 8 months. The CR-1 Immigrant Visa takes a little longer, about 8 - 10 months.

The advantage of the Immigrant Visa is that you are work authorized from Day 1 in the USA, and you have your green card upon entry to the USA. The disadvantage is that you have to wait until you're married to start the process.

The advantage of the K-1 visa is that you can start the process immediately (assuming you've met in person within the past 2 years). The disadvantage is that you aren't work authorized from Day 1, and you have to go through the AOS process to get your work permission and green card.

It's really just a personal choice, whichever one works better for your needs.

Rene

BritishGuy36

....not forgetting that CR-1 is much less hassle, and cheaper....just to throw that into the equation.

BubbleChog

Quicker in what way? The K-1 entire visa process takes about 6 - 8 months. The CR-1 Immigrant Visa takes a little longer, about 8 - 10 months.


I meant quicker from start to being able to work?

Lx

Duncan Roberts

Because you will be eligible to work the minute you get the stamp in your passport when you go through US immigration with a CR-1 but you will have to get married, file the AOS package and wait for the EAD to come before you can work with a K-1.

Noorah101

It probably ends up being about even, maybe a month or two differently. Look at these 2 scenarios as an example of how it can go both ways:

K-1:
File I-129 in Feb 2010.
Enter USA with K-1 in August 2010.
Marry and apply for AOS in September 2010.
Receive work authorization in December 2010.

Immigrant Visa:
Marry in Feb 2010 and file I-130.
Enter USA with Immigrant Visa in October 2010.
Receive work authorization in October 2010.

Going by the above sample timelines, the Immigrant Visa is a quicker way to work sooner, although it will take longer to enter the USA. But of course, that's if you marry in February. And that's assuming quickest turnaround for both scenarios...you could get your EAD quicker than 90 days...or you could hit a snag and not get your visa until later....

Overall, the Immigrant Visa is a better way to go, because you avoid the whole AOS process.

Rene

BubbleChog

Thanks Thats what i was thinking, more skyping and eye twitching tonight I think
Lx

meauxna

If you have a job waiting for you, the Immigrant Visa would be better.
If you're going to have to be doing some networking and interviewing, the lag with the EAD might not matter to you.
Your FI supports, and can afford, for you to not be working immediately.
You will have some settling in to do after you move. ? Maybe.
Some people don't want to be separated after marriage.

I personally think the Immigrant Visa is easier and better overall, but each family is different.
The lag for you on a K-1 will be very short; processing times now are pretty regular, and short compared to the past.

It's strictly a judgment call, I'd say. From a personal POV, this might be the statement to think about.. IE, what it really means to you. "the thought of not even being eligible to work turns my blood to ice."

ian-mstm

If that's true (and it may well be), then being able to work from day 1 shouldn't matter to you... because you've still got to find a job! Even without work authorization, you can look for jobs, go on interviews, and even accept employment. The only thing you can't do without authorization is sign any papers or actually start working! But that still means you need to do the footwork/networking beforehand... so waiting 3 months for an EAD (assuming you go the K-1 route) isn't out of line for a job hunt these days. Besides, it might even take you a week or two just to learn your way around the city... and just because a place is hiring it doesn't necessarily follow that you'd want to work in that area!

Ian

BubbleChog

Well theres plusses both ways. maybe I should stop hanging onto my work ethic and get behind the idea of becoming a lady of leisure!

Thanks for all the advice it's good to be able to mumble out loud and bounce of people who ahve done it.

Lx

meauxna

lol, it's only a few months.. not much leisure with all that needs doing when you move..