smo123

Dear all,

I have browsed the forum and am a little overwhelmed by the wealth of information available and which parts may (or may not) apply to my specific case. Any help or redirection will be greatly appreciated...

Context:
I am a UK citizen. My fiance is a US citizen, we met while she was working in Europe five years ago. I came to the US three years ago on a J1 visa and switched to a H1B two years ago for the same company. We have bought an apartment together and are marrying in the US in November (honeymooning abroad afterwards).

I am very unsatisfied with my present employment. My question is, what is the easiest and quickest route (or routes if they are not one and the same) for me to be able to work freely within the US?

Many thanks, SMO

ian-mstm

As long as you have no other status than H-1B, you are tied to your current employer. Once you marry your USC fiancee, you can file an I-765 concurrently with the I-485 to adjust your status. The I-765, when approved (usually within 90 days) will give you authorization to work in the US. Once you have the card in your hand, you can take another job without any problems.

Ian

AussieSteve

As a H1-B visa holder, I believe you are eligible to apply to change status from temporary worker to permanent resident, once you marry your USC fiance. As soon as you are married, you and your wife can file the necessary forms (and fees) for your adjustment of status. Part of that process will be obtaining employment authorization. Once you get that, you are free to work for any employer, doing any kind of job, without the restrictions of your H1-B.

I took a similar route to what you're proposing. I never tested it out, but I was told by USCIS, that while you're in 'pending adjustment' status (i.e. you have filed your paperwork and it has been accepted by the USCIS), you can travel in and out of the US using your H1-B visa (assuming it's valid) without having to apply for advance parole, which most other pending adjustees have to do.

I think what your proposing is the easiest way forward, I think any other option would involve you having to leave the US for some (short?) period, but I could be wrong. I'm sure others will chime in with their thoughts...

Good luck...

Steve.

[email protected]

You may go for a K1 (starting with form I-129F). You would have to go
to London to pickup the visa and would be able to work anywhere once
you come back. You'll have to marry your fiance within 90 days upon
entry, but it seems that it is within your schedule (it will take about
3 months to secure the visa)

smo123 wrote:
    > Dear all,
    > I have browsed the forum and am a little overwhelmed by the wealth of
    > information available and which parts may (or may not) apply to my
    > specific case. Any help or redirection will be greatly appreciated...
    > Context:
    > I am a UK citizen. My fiance is a US citizen, we met while she was
    > working in Europe five years ago. I came to the US three years ago on a
    > J1 visa and switched to a H1B two years ago for the same company. We
    > have bought an apartment together and are marrying in the US in November
    > (honeymooning abroad afterwards).
    > I am very unsatisfied with my present employment. My question is, what
    > is the easiest and quickest route (or routes if they are not one and the
    > same) for me to be able to work freely within the US?
    >
    > Many thanks, SMO
    >
    > --
    > Posted via http://britishexpats.com

Eric S.

No, he would not need a K-1. The K-1 is for people who are NOT in the US to
come to the US to marry their US citizen fiances. But since he is already
in the US, he can skip that step and just file for adjustment of status.

- Eric S.


<[email protected]> wrote in message
news:[email protected] ups.com...
    > You may go for a K1 (starting with form I-129F). You would have to go
    > to London to pickup the visa and would be able to work anywhere once
    > you come back. You'll have to marry your fiance within 90 days upon
    > entry, but it seems that it is within your schedule (it will take about
    > 3 months to secure the visa)
    > smo123 wrote:
    >> Dear all,
    >> I have browsed the forum and am a little overwhelmed by the wealth of
    >> information available and which parts may (or may not) apply to my
    >> specific case. Any help or redirection will be greatly appreciated...
    >> Context:
    >> I am a UK citizen. My fiance is a US citizen, we met while she was
    >> working in Europe five years ago. I came to the US three years ago on a
    >> J1 visa and switched to a H1B two years ago for the same company. We
    >> have bought an apartment together and are marrying in the US in November
    >> (honeymooning abroad afterwards).
    >> I am very unsatisfied with my present employment. My question is, what
    >> is the easiest and quickest route (or routes if they are not one and the
    >> same) for me to be able to work freely within the US?
    >> Many thanks, SMO
    >> --
    >> Posted via http://britishexpats.com
    >

meauxna

The OP says his beneficiary is on H1-B status---she doesn't need a fiance visa; she's in the US now.

And where the heck do you get the idea that one could get a K-1 visa in 3 months? That is not realistic.

[email protected]

I didn't say that he would need to. However, he may opt to go thru that
route, which will allow him to work before he gets married (which seems
to be his primary concern).

Eric S. wrote:
    > No, he would not need a K-1. The K-1 is for people who are NOT in the US to
    > come to the US to marry their US citizen fiances. But since he is already
    > in the US, he can skip that step and just file for adjustment of status.
    > - Eric S.
    > <[email protected]> wrote in message
    > news:[email protected] ups.com...
    > > You may go for a K1 (starting with form I-129F). You would have to go
    > > to London to pickup the visa and would be able to work anywhere once
    > > you come back. You'll have to marry your fiance within 90 days upon
    > > entry, but it seems that it is within your schedule (it will take about
    > > 3 months to secure the visa)
    > >
    > > smo123 wrote:
    > >> Dear all,
    > >>
    > >> I have browsed the forum and am a little overwhelmed by the wealth of
    > >> information available and which parts may (or may not) apply to my
    > >> specific case. Any help or redirection will be greatly appreciated...
    > >>
    > >> Context:
    > >> I am a UK citizen. My fiance is a US citizen, we met while she was
    > >> working in Europe five years ago. I came to the US three years ago on a
    > >> J1 visa and switched to a H1B two years ago for the same company. We
    > >> have bought an apartment together and are marrying in the US in November
    > >> (honeymooning abroad afterwards).
    > >>
    > >> I am very unsatisfied with my present employment. My question is, what
    > >> is the easiest and quickest route (or routes if they are not one and the
    > >> same) for me to be able to work freely within the US?
    > >>
    > >> Many thanks, SMO
    > >>
    > >> --
    > >> Posted via http://britishexpats.com
    > >

Noorah101

The only way that would work in his favor is if he returned through the JFK POE and got the temp EAD stamp in his passport. I think it seems more logical to continue working for his H1B employer while filing AOS, and then once he gets the EAD, he can switch employers easily. That way, he's not unemployed for the 6+ months it will take to get his K-1 visa in the UK.

Best Wishes,
Rene

[email protected]

I got the 3 month from the fact that my wife applied for me in the
beguinning of april last year and I got the visa in the late july.

He wouldn't have to be unemployed for 6 months. He can remain in the US
during the K1 process, show up at the interview and come back a few
days later with the K1.

After thinking about it, however, the K1 visa may not be the best route
as he may have a gap until he gets his EAD (based on AOS).

Noorah101 wrote:
    > > I didn't say that he would need to. However, he may opt to go thru
    > > that
    > > route, which will allow him to work before he gets married (which
    > > seems
    > > to be his primary concern).
    > >
    > > Eric S. wrote:
    > > > No, he would not need a K-1. The K-1 is for people who are NOT in
    > > > the US to
    > > > come to the US to marry their US citizen fiances. But since he is
    > > > already
    > > > in the US, he can skip that step and just file for adjustment of
    > > > status.
    > > > - Eric S.
    > > > <[email protected]> wrote in message
    > > > news:[email protected] ups.com...
    > > > > You may go for a K1 (starting with form I-129F). You would have to
    > > > > go
    > > > > to London to pickup the visa and would be able to work anywhere
    > > > > once
    > > > > you come back. You'll have to marry your fiance within 90 days
    > > > > upon
    > > > > entry, but it seems that it is within your schedule (it will take
    > > > > about
    > > > > 3 months to secure the visa)
    > > > >
    > > > > smo123 wrote:
    > > > >> Dear all,
    > > > >>
    > > > >> I have browsed the forum and am a little overwhelmed by the
    > > > >> wealth of
    > > > >> information available and which parts may (or may not) apply to
    > > > >> my
    > > > >> specific case. Any help or redirection will be greatly
    > > > >> appreciated...
    > > > >>
    > > > >> Context:
    > > > >> I am a UK citizen. My fiance is a US citizen, we met while she
    > > > >> was
    > > > >> working in Europe five years ago. I came to the US three years
    > > > >> ago on a
    > > > >> J1 visa and switched to a H1B two years ago for the same company.
    > > > >> We
    > > > >> have bought an apartment together and are marrying in the US in
    > > > >> November
    > > > >> (honeymooning abroad afterwards).
    > > > >>
    > > > >> I am very unsatisfied with my present employment. My question
    > > > >> is, what
    > > > >> is the easiest and quickest route (or routes if they are not one
    > > > >> and the
    > > > >> same) for me to be able to work freely within the US?
    > > > >>
    > > > >> Many thanks, SMO
    > > > >>
    > > > >> --
    > > > >> Posted via http://britishexpats.com
    > > > >
    > The only way that would work in his favor is if he returned through the
    > JFK POE and got the temp EAD stamp in his passport. I think it seems
    > more logical to continue working for his H1B employer while filing AOS,
    > and then once he gets the EAD, he can switch employers easily. That
    > way, he's not unemployed for the 6+ months it will take to get his K-1
    > visa in the UK.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

He could only remain in the USA during the K-1 process if he continued on with his current H1B status...and if he's going to do that, he might as well just AOS here. Why make an extra trip back to the UK at all? Save his money and AOS right here, while on his H1B.

Rene

Barnes

meauxna <member1851@british_expats.com> wrote:
    > And where the heck do you get the idea that one could get a K-1 visa in
    > 3 months? That is not realistic.

Mine took a little over two, and I was in the US within three. Didn't
quit my job or start packing until I had the visa in hand, either. I got
lucky with the SC and consulate, I guess - although now they're dragging
their feet over my 751.

But yeah, K1 is a total red herring for this case.

meauxna

Well yeah... in the Olden Days you could!
I just haven't seen anyone turn around that quickly in a long time.. better to have realistic expectations & all that.

And your case---isn't that always the way? At least they were fast on the part that was most important: getting you reunited. The I-751 will sort itself out, no worry.

smo123

Thank-you all for your help and suggestions!

It seems as though sucking it up for the next five-six months until I am married is the safest route... ...so the proposed sequence of events reads:

1. Marry
2. File I-765 (Employment authorization) & I-485 (adjustment of status)
3. Wait for I-765 (hopefully <90 days)

Best, SMO

Noorah101

Right.

Don't forget the I-864 and the full medical to be included in your AOS package.

Also, check into what you will need to travel outside the USA while waiting for your AOS.

Not sure if you can travel on an H1B visa if you are not still working for the same employer. Just check into it, in case you need to travel. You might have to apply for the AP (I-131) as well.

Best Wishes,
Rene

[email protected]

Of course, you can always have an official wedding early - and still
have the fancy stuff for the scheduled date.

Noorah101 wrote:
    > > Thank-you all for your help and suggestions!
    > >
    > > It seems as though sucking it up for the next five-six months until I
    > > am married is the safest route... ...so the proposed sequence of
    > > events reads:
    > >
    > > 1. Marry
    > > 2. File I-765 (Employment authorization) & I-485 (adjustment of
    > > status)
    > > 3. Wait for I-765 (hopefully <90 days)
    > >
    > > Best, SMO
    > Right.
    > Don't forget the I-864 and the full medical to be included in your
    > AOS package.
    > Also, check into what you will need to travel outside the USA while
    > waiting for your AOS.
    > Not sure if you can travel on an H1B visa if you are not still working
    > for the same employer. Just check into it, in case you need to travel.
    > You might have to apply for the AP (I-131) as well.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com