EJ3

Hi all,

My fiance (USC) and I (UKC) last month filed the first papers for our K1 fiance visa. My question is, can I get a work visa for employment in the US whilst our K1 is pending- would there be any conflict with applications?

Obviously this is dependent on whether I could find a suitable job etc. My fiance is moving from a small town to a much larger city with better job prospects. I was considering whether, instead of repeat visits on a visa waiver, I might look for a job in the city. Possibly enabling me to work and have an income whilst we could continue staying with one another.

Last year I worked in the US with a J1. From my research, H1, H2 or L1 might be visas open to me.
Has anyone had any experience with a similar situation, working on the above visas, filing for a visa whilst awaiting a K1, or any advice?

Thank you in advance.

Noorah101

Yes, it's possible to have more than one petition going on at the same time. However, unless you work for an employer who is exempt from the yearly cap (such as a university or non-profit organization), the earliest you could come work in the USA on an H1B would be October 2009. You'll already be in the USA by that time.

Maybe the H-2 or L-1 would work in your favor, I'm not sure.

Rene

EJ3

Thank you Rene.
Does anyone else have advice or anything which they would like to add or think I should know?

TKO

I can't comment on whether this is possible, and haven't personally experienced it, but I did have a thought or two.

If you get your work visa, I would expect the POE Officer to really quiz you about your intent to return to the UK and complete the K1 process i.e. ask for extensive proof of ties to the UK. Normally evidence of this would include a mortgage statement, letter from employer etc. Would you be able to provide extensive ties?

If so, would you be able to tie these up from the States in readiness for moving permanently? The housing market is a tad worrying at the moment. Distance and time differences could interfere with this process

Also consider you would need to return for at least 1 week or make two separate trips for the medical and interview in London. Would your US employer (if you intend to return to their employment when you return on your K1) and finances cater for this?

If you could do it, it sounds ideal, so if the rest of this post is nonsense, the Good Luck! is heartfelt!

Good Luck!

Noorah101

Hmmmm. I would imagine that if the OP managed to get a work-type visa to the USA, he would then abandon the K-1 route and adjust status from inside the USA once he's here on his work visa.

Rene

TKO

I submit to your greater knowledge and experience on all things inmmigration, Rene.

The tone of the original post indicated to me that the poster did intend to complete the K1 process, so I based my opinions/ramblings on that percieved intent.

Noorah101

You are right, it did sound like that. But if the OP manages to actually get a work visa and come to the USA, he'll probably realize it's much easier to AOS rather than return for the K-1.

EJ3

Thank you for your comments TKO! You mentioned many issues that hadn't crossed my mind such as possibly having to leave my US job position in order to commit to K1 visa requirements back in the UK.
I do not currently have a mortgage or anything too major to tie up in the UK but obviously making such a strong commitment to the US means I'll have to arrange things and work out my finances very carefully, as you rightly mentioned!
Thank you for the good luck message, I think I'll need it.

In my original post I did have all intentions of completing the K1 visa process from England. However, I did not realise it was possible to change status whilst I was working in the US... Is that possible?

Noorah101

Yes, it is. At least the L1 is a dual-intent visa, meaning it's possible to AOS in the USA from that visa.

As mentioned, probably the H1B isn't your best bet, since you'll have your K-1before you'll be eligible for the H1B.

Rene

EJ3

yes, if I couldn't obtain that visa until Oct 09, well.. hopefully we will be married by then (fingers crossed). Would I still have to return to the UK for K1 visa requirements or could we continue all the processes from the US if I was working here?

Noorah101

As long as you enter the USA with a dual-intent visa (such as an L visa), you can remain in the USA and do AOS without returning home for your K-1 visa processing.

Rene

EJ3

Thank you for your responses Rene.
Changing my status in the US is something which I will have to look into if it becomes a possibility.

Rete

H-2 does not allow her to work as that is a derivate visa for the spouse of a H-1 visaholder.

L-1 has a one year requirement of working for the foreign employer before you are eligible for a L visa.

So neither of these will work.

A J might but why bother?

Noorah101

The OP seems to think they apply, for some reason...so I just went with that. I'm sure the OP needs to do more research.

"From my research, H1, H2 or L1 might be visas open to me."

Rene

meauxna

H-4 is the derivative of H-1B.

H-2B is seasonal temporary worker. Like ski resorts.

I don't see why she'd bother with any of them.. they just aren't instantaneous, and she doesn't have an employer already lined up. If earning money now for the presumed K-1 work blackout is a priority, it makes more sense to me to work in your home country and live cheaply.