Nonimmigrant Fiance(e) of US Citizen and K-1 v.s. B-2 visa questions...
May 20th 2002, 8:20 am
#1
Guest
Posts: n/a
Nonimmigrant Fiance(e) of US Citizen and K-1 v.s. B-2 visa questions...
Hi, I'm posting this question for a colleague of mine.
My friend who lives in Hong Kong (his nationality is Taiwan) is getting married to
his girlfriend, who is a USA citizen. Both of them have a Ph.D. degree and are
working in universities. My friend already has B-1 (or B-2??) visa as he attends
conferences in USA quite frequently. Now he is thinking of applying university
teaching jobs in USA before they get married at the end of this year.
According to him, a lot of universities in the States are now requiring the
applicants to have EAD (or provide authorization to work in the United States) before
apply for these faculty positions. Is there anything he can do to apply for EAD from
Hong Kong (or from USA) before he really get married to his girlfriend? Does
engagement count? And, does he need to change his visa from B1 (or B2?) to K-1 first
and enter USA with K-1 visa before he can apply for EAD through family-based
nonimmigrant categories?? What's the detailed regulation about this and is there any
other solutions that he can try, to apply for a university teaching job before they
get married at the end of this year? Thanks!
My friend who lives in Hong Kong (his nationality is Taiwan) is getting married to
his girlfriend, who is a USA citizen. Both of them have a Ph.D. degree and are
working in universities. My friend already has B-1 (or B-2??) visa as he attends
conferences in USA quite frequently. Now he is thinking of applying university
teaching jobs in USA before they get married at the end of this year.
According to him, a lot of universities in the States are now requiring the
applicants to have EAD (or provide authorization to work in the United States) before
apply for these faculty positions. Is there anything he can do to apply for EAD from
Hong Kong (or from USA) before he really get married to his girlfriend? Does
engagement count? And, does he need to change his visa from B1 (or B2?) to K-1 first
and enter USA with K-1 visa before he can apply for EAD through family-based
nonimmigrant categories?? What's the detailed regulation about this and is there any
other solutions that he can try, to apply for a university teaching job before they
get married at the end of this year? Thanks!
May 20th 2002, 9:20 am
#2
Guest
Posts: n/a
Re: Nonimmigrant Fiance(e) of US Citizen and K-1 v.s. B-2 visa
He can't get EAD based on being a fiance unless he enters the US on a K-1. He might
be able to come to the US on a B-1/2 depending on what INS asks him at the POE. A k-1
would be the recommended way. A K-1 is entitled to work as soon as they enter the US
be able to come to the US on a B-1/2 depending on what INS asks him at the POE. A k-1
would be the recommended way. A K-1 is entitled to work as soon as they enter the US
May 20th 2002, 2:15 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,405
Re: Nonimmigrant Fiance(e) of US Citizen and K-1 v.s. B-2 visa questions...
How is your friend proposing to enter the US to marry his USC fiancee? Are they in the process of applying for a Fiancee Visa (K-1)? Or was he planning on entering the US on his B-1 and marrying her and staying? If so, it is clearly fraudulent as he has preconceived intent to marry and will enter the US on a non-immigration visa to do just that.
The University can hire him under an H-1B work visa if they choose to file the forms and pay the cost. If not, he is correct, he will need an EAD in order to work even slinging hash at a diner. He only qualifies for an EAD after his marriage to a USC and the filing of his adjustment of status and immediate relative petitions or if he enters the US with an approved K-1 fiancee visa.
Think the university PHD's have a little research to do for themselves before they say "I Do".
The University can hire him under an H-1B work visa if they choose to file the forms and pay the cost. If not, he is correct, he will need an EAD in order to work even slinging hash at a diner. He only qualifies for an EAD after his marriage to a USC and the filing of his adjustment of status and immediate relative petitions or if he enters the US with an approved K-1 fiancee visa.
Think the university PHD's have a little research to do for themselves before they say "I Do".
