a simple situation........?!
Nov 6th 2006, 9:04 pm
#1
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a simple situation........?!
Hi everyone
i would love someone with experience to just explain this to me if they dont mind!...!
im thinking of going out to the US to marry my girflriend as we have been apart for a while and i have not been able to secure a J-1....
my main concern is the ability to work and how long i will be unable to work...
we will be getting hitched in NYC and using that processing centre i guess.
how long after submitting the paperwork should it take for me to get a visa to work? thats my main concern as im thinking that is all i need to work (is that correct) - as by that time i will have a social security number etc? or will that take longer? bottom line is how long "should" it take before i can legally secure employment!?
do i need a green card to be able to work or just the working visa?? is the green card something seperate to do with being able to go in and out of the country freely?
many many thanks i just cant seem to get a straight answer on these simple questions!
tom
i would love someone with experience to just explain this to me if they dont mind!...!
im thinking of going out to the US to marry my girflriend as we have been apart for a while and i have not been able to secure a J-1....
my main concern is the ability to work and how long i will be unable to work...
we will be getting hitched in NYC and using that processing centre i guess.
how long after submitting the paperwork should it take for me to get a visa to work? thats my main concern as im thinking that is all i need to work (is that correct) - as by that time i will have a social security number etc? or will that take longer? bottom line is how long "should" it take before i can legally secure employment!?
do i need a green card to be able to work or just the working visa?? is the green card something seperate to do with being able to go in and out of the country freely?
many many thanks i just cant seem to get a straight answer on these simple questions!
tom
Nov 6th 2006, 9:20 pm
#2
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: a simple situation........?!
Originally Posted by tom88_88
Hi everyone
i would love someone with experience to just explain this to me if they dont mind!...!
im thinking of going out to the US to marry my girflriend as we have been apart for a while and i have not been able to secure a J-1....
my main concern is the ability to work and how long i will be unable to work...
we will be getting hitched in NYC and using that processing centre i guess.
how long after submitting the paperwork should it take for me to get a visa to work? thats my main concern as im thinking that is all i need to work (is that correct) - as by that time i will have a social security number etc? or will that take longer? bottom line is how long "should" it take before i can legally secure employment!?
do i need a green card to be able to work or just the working visa?? is the green card something seperate to do with being able to go in and out of the country freely?
many many thanks i just cant seem to get a straight answer on these simple questions!
tom
i would love someone with experience to just explain this to me if they dont mind!...!
im thinking of going out to the US to marry my girflriend as we have been apart for a while and i have not been able to secure a J-1....
my main concern is the ability to work and how long i will be unable to work...
we will be getting hitched in NYC and using that processing centre i guess.
how long after submitting the paperwork should it take for me to get a visa to work? thats my main concern as im thinking that is all i need to work (is that correct) - as by that time i will have a social security number etc? or will that take longer? bottom line is how long "should" it take before i can legally secure employment!?
do i need a green card to be able to work or just the working visa?? is the green card something seperate to do with being able to go in and out of the country freely?
many many thanks i just cant seem to get a straight answer on these simple questions!
tom
It's not all that simple. I assume you'll be entering on a K-1 fiance visa, since you are still unmarried. After you arrive on the K-1, you will get married and file for AOS (adjustment of status) which can include form I-765 for your EAD (employment authorization document). It takes about 90 days for that to arrive. A K-1 entrant is allowed to work from Day 1, though, although without the EAD as proof of that, it's hard to get an employer to understand that you are legal to work.
If you are talking about entering on the VWP or a tourist visa, you should be aware that it is illegal to enter the USA under those circumstances with the intent to marry AND REMAIN in the USA. If you want to come on the VWP or visitor visa and get married, that's not a problem. You can stay your 90 days, file the spouse visa paperwork while you're here, and then return to your home country for immigrant visa processing. If you go that route, then you'll receive an Immigrant Visa, which gives you PR status upon entry to the USA, which gives you permission to work from Day 1.
When you are more clear about which method you are thinking of, you might have more questions.
Best Wishes,
Rene
Nov 6th 2006, 9:54 pm
#3
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Posts: 4,792
Re: a simple situation........?!
Originally Posted by tom88_88
Hi everyone
i would love someone with experience to just explain this to me if they dont mind!...!
im thinking of going out to the US to marry my girflriend as we have been apart for a while and i have not been able to secure a J-1....
my main concern is the ability to work and how long i will be unable to work...
we will be getting hitched in NYC and using that processing centre i guess.
how long after submitting the paperwork should it take for me to get a visa to work? thats my main concern as im thinking that is all i need to work (is that correct) - as by that time i will have a social security number etc? or will that take longer? bottom line is how long "should" it take before i can legally secure employment!?
do i need a green card to be able to work or just the working visa?? is the green card something seperate to do with being able to go in and out of the country freely?
many many thanks i just cant seem to get a straight answer on these simple questions!
tom
i would love someone with experience to just explain this to me if they dont mind!...!
im thinking of going out to the US to marry my girflriend as we have been apart for a while and i have not been able to secure a J-1....
my main concern is the ability to work and how long i will be unable to work...
we will be getting hitched in NYC and using that processing centre i guess.
how long after submitting the paperwork should it take for me to get a visa to work? thats my main concern as im thinking that is all i need to work (is that correct) - as by that time i will have a social security number etc? or will that take longer? bottom line is how long "should" it take before i can legally secure employment!?
do i need a green card to be able to work or just the working visa?? is the green card something seperate to do with being able to go in and out of the country freely?
many many thanks i just cant seem to get a straight answer on these simple questions!
tom
Nov 7th 2006, 5:02 pm
#4
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Joined: Aug 2006
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Re: a simple situation........?!
Originally Posted by frrussre
Best explain to us, the exact circumstances.
i actually hadnt considered coming on the tourist visa - if we go down that road, will there be some awkward questions about why we suddenly decided to get married? i guess if i am not planning on staying immediately, then there will be no awkward questions? so if we go down that route, i come on a visa waivor, we get married at some point during the 90 days, file the paperwork and then i return to the uk for immigrant visa processing - right?! and there is no chance i will be denied the ability to take up residence in the US? will there be some kind of interview? so then after processing i get some kind of visa and i can enter the USA without a problem and look for employment immediately if i choose to? how long would the processing take i wonder, and also what is PR status please!?
if the fiance visa route then technically i can legally work from day one?! i really didnt realise that! would there be an issue with tax and social security numbers and such or would that not be a problem?
i am in discussions with the USA branch of my company re a J1, we couldnt agree on that as they wanted a longer term commitment. so i can go back to them and say i will enter on a K-1, and i can begin to work from day one?
many many thanks for answering my questions!! i look forward to your replies and will come back to you again if thats ok!
tom
Nov 7th 2006, 5:57 pm
#5
Shocked of Redmond
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
Re: a simple situation........?!
Rene pretty much answered all your questions, but to reiterate:
If you come on the VWP with the stated intent of getting married you will need to be able to convince the officer at the port of entry that you really DO intend to go back to the UK before the waiver expires. This may take a lot of work on your part, and you still may not be allowed in if the officer is at all suspicious or having a bad day.
All other things being equal, once you get the spousal visa you will effectively become a permanent resident (PR) upon your entry to the US, and you will be able to work immediately.
When? During application for the K-1? Yes. At the port of entry? When you try enter on the VWP? Be more specific
Look for employment? Below you say your current comapany wants you to work for them and is looking for a commitments. 
. But in any case, yes, you would be able to look for employment.
From a few months to possibly several years or never, depending on your individual circumstances. If you are a convicted drug dealer, for example, almost certainly never. If you have convictions for one or more minor crimincal offences, that will lengthen the process. It's not possible to give a firm answer.
Permanent Resident status: see above
Originally Posted by tom88_88
i guess if i am not planning on staying immediately, then there will be no awkward questions? so if we go down that route, i come on a visa waivor, we get married at some point during the 90 days, file the paperwork and then i return to the uk for immigrant visa processing - right?!
and there is no chance i will be denied the ability to take up residence in the US?
will there be some kind of interview?
so then after processing i get some kind of visa and i can enter the USA without a problem and look for employment immediately if i choose to?
. But in any case, yes, you would be able to look for employment.
how long would the processing take i wonder
and also what is PR status please!?
Nov 7th 2006, 6:50 pm
#6
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Posts: 58,679
Re: a simple situation........?!
Originally Posted by tom88_88
i actually hadnt considered coming on the tourist visa
if we go down that road, will there be some awkward questions about why we suddenly decided to get married?
i guess if i am not planning on staying immediately, then there will be no awkward questions?
so if i come on a visa waivor, we get married at some point during the 90 days, file the paperwork and then i return to the uk for immigrant visa processing - right?!
and there is no chance i will be denied the ability to take up residence in the US?
will there be some kind of interview?
so then after processing i get some kind of visa and i can enter the USA without a problem and look for employment immediately if i choose to?
how long would the processing take i wonder
and also what is PR status please!?
if the fiance visa route then technically i can legally work from day one?! i really didnt realise that! would there be an issue with tax and social security numbers and such or would that not be a problem?
i am in discussions with the USA branch of my company re a J1, we couldnt agree on that as they wanted a longer term commitment. so i can go back to them and say i will enter on a K-1, and i can begin to work from day one?
Best Wishes,
Rene
Last edited by Noorah101; Nov 7th 2006 at 6:54 pm.
Nov 7th 2006, 8:31 pm
#7
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Re: a simple situation........?!
Originally Posted by Noorah101
So what visa were you considering coming in on? There aren't that many choices. The only one you said you considered was a J-1, and that wasn't working out. Now you also haven't considered a tourist visa. What WERE you considering?
really only the j1 up til now, i was fairly confident, got through to the final interview with BT USA on madison ave, (currently work for BT global in UK)which would be nice, but unfortunately lost out
Questions from whom? There are so many stages of immigration, with so many questions asked about everything, I'm sure there are questions you will have to answer. Whether they are awkward for you or not depends on your case, I guess.
ok im thinking the k1 is the way forward here!
If you're not planning on staying in the USA, then you won't need an spouse or fiance visa, you can get married while in the USA and return to your home country before your 90 day visit is up.
That's correct.
Nothing in the immigration process is guaranteed, of course. It all depends on your case, your history, your intent, etc. If you have a clean record and are honest about everything, there's no reason you should be denied.
Yes, depending on which method you choose, there will be one or more interviews. Definitely there will be an interview at the embassy in your home country, either for a K-1 fiance or a CR-1 spouse visa. If you get the K-1 visa, there will be another interview in the USA for obtaining your green card.
ok,. im guessing the point of this or any interviews will be to a - ascertain im not intending to peddle crack when i arrive, but also to test the valdidity of the relationship? old photos etc etc?? and to look over my documents and stuff? is it a major grilling?
That's correct.
Processing times vary depending on what visa you are applying for, the backlog at the embassy, and how fast you complete and return your paperwork. I would estimate 4 to 12 months or so.
PR = Permanent Resident
Yes, a K-1 holder is work authorized from Day 1. The problem is proving it to an employer without the EAD (employment authorization document), but you DO have the right to work. No issues with tax or social security number. You can apply for the SSN about a week after you arrive in the USA (to give time for your name to be entered into the system that SSA uses to verify your status), and you'll file taxes as normal with your wife once you are married.
so i could technically start working BEFORE receiving the SSN?
Just a thought...if you are transfering within your same company, there is a visa for that, too....L1, I think. You might want to look into that. I'm confused about something, though....here you are saying you already have a job lined up within the company you already work for, but earlier you wanted to know if it's OK to look for work when you come to the USA. Just curious about the conflicting statements.
sorry for confusion, the job i narrowly missed out on - there may be other openings in the same area, hence i may just have something lined up, but also might not.....hence i would need to look, very frustratingly up in the air on that front...i think if i now mention i will using the k1 route, this may help things somewhat with BT USA. dont think the L visa is an option as i am unfortunately not a graduate.
Best Wishes,
Rene
really only the j1 up til now, i was fairly confident, got through to the final interview with BT USA on madison ave, (currently work for BT global in UK)which would be nice, but unfortunately lost out
Questions from whom? There are so many stages of immigration, with so many questions asked about everything, I'm sure there are questions you will have to answer. Whether they are awkward for you or not depends on your case, I guess.
ok im thinking the k1 is the way forward here!
If you're not planning on staying in the USA, then you won't need an spouse or fiance visa, you can get married while in the USA and return to your home country before your 90 day visit is up.
That's correct.
Nothing in the immigration process is guaranteed, of course. It all depends on your case, your history, your intent, etc. If you have a clean record and are honest about everything, there's no reason you should be denied.
Yes, depending on which method you choose, there will be one or more interviews. Definitely there will be an interview at the embassy in your home country, either for a K-1 fiance or a CR-1 spouse visa. If you get the K-1 visa, there will be another interview in the USA for obtaining your green card.
ok,. im guessing the point of this or any interviews will be to a - ascertain im not intending to peddle crack when i arrive, but also to test the valdidity of the relationship? old photos etc etc?? and to look over my documents and stuff? is it a major grilling?
That's correct.
Processing times vary depending on what visa you are applying for, the backlog at the embassy, and how fast you complete and return your paperwork. I would estimate 4 to 12 months or so.
PR = Permanent Resident
Yes, a K-1 holder is work authorized from Day 1. The problem is proving it to an employer without the EAD (employment authorization document), but you DO have the right to work. No issues with tax or social security number. You can apply for the SSN about a week after you arrive in the USA (to give time for your name to be entered into the system that SSA uses to verify your status), and you'll file taxes as normal with your wife once you are married.
so i could technically start working BEFORE receiving the SSN?
Just a thought...if you are transfering within your same company, there is a visa for that, too....L1, I think. You might want to look into that. I'm confused about something, though....here you are saying you already have a job lined up within the company you already work for, but earlier you wanted to know if it's OK to look for work when you come to the USA. Just curious about the conflicting statements.
sorry for confusion, the job i narrowly missed out on - there may be other openings in the same area, hence i may just have something lined up, but also might not.....hence i would need to look, very frustratingly up in the air on that front...i think if i now mention i will using the k1 route, this may help things somewhat with BT USA. dont think the L visa is an option as i am unfortunately not a graduate.
Best Wishes,
Rene
so to clarify
arrive on k1 - ensuring the form to allow me to work right away has been completed and accepted etc and begin working
get hitched within 90 days
file the forms for AOS
carry on working.........
and with some other forms/some interviews and a few fees in between, i should pretty much be ok (barring any mishaps which of course could happen!!)
a question also - my gf files the k1 in the US, does she need to state "he will enter the country on 11/11/11 (a specific date) or once granted does it allow you to enter within 1 year of the granting of the visa for example?
how much will all this cost in fees?!
i seriously appreciate your time and answers on this, many many thanks
Nov 7th 2006, 8:46 pm
#8
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Posts: 58,679
Re: a simple situation........?!
Originally Posted by tom88_88
arrive on k1 - ensuring the form to allow me to work right away has been completed and accepted etc and begin working
get hitched within 90 days
file the forms for AOS
carry on working.........
get hitched within 90 days
file the forms for AOS
carry on working.........
and with some other forms/some interviews and a few fees in between, i should pretty much be ok (barring any mishaps which of course could happen!!)
a question also - my gf files the k1 in the US, does she need to state "he will enter the country on 11/11/11 (a specific date) or once granted does it allow you to enter within 1 year of the granting of the visa for example?
how much will all this cost in fees?!
Your gf must meet a minimum income requirement in order to sponsor you. Look up Form I-134 at www.uscis.gov and read about it. Also look up I-129F for Fiance Visa and see what's involved. That will give you a good start in preparing. There is a LOT of paperwork involved. www.uscis.gov used to have a section called "how do I bring my fiance(e) to the USA", but they recently revamped the website so I don't have a current link to that, but explore the website and see what you can find out about the fiance visa.
Best Wishes,
Rene
Nov 8th 2006, 4:13 pm
#9
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Re: a simple situation........?!
hi there its me again, after some more digging around on the K1 i have a couple of queries if thats ok.
if JFK is poe i get a stamp in the passport which allows work for 90 days. with this stamp i can get my SSN i believe. we get married at some point in the 90 days and file for AOS. obviously before i get the one year EAD card the original 90 days will be up, what then?
can i get an extension? is this the thing that cannot be done until after the first 90 days of your stay in the US has elapsed?
if i cant get an extension then i cannot legally work until i receive the one year EAD card after my first 90 days is up?
thanks so much
tom
if JFK is poe i get a stamp in the passport which allows work for 90 days. with this stamp i can get my SSN i believe. we get married at some point in the 90 days and file for AOS. obviously before i get the one year EAD card the original 90 days will be up, what then?
can i get an extension? is this the thing that cannot be done until after the first 90 days of your stay in the US has elapsed?
if i cant get an extension then i cannot legally work until i receive the one year EAD card after my first 90 days is up?
thanks so much
tom
Nov 8th 2006, 4:38 pm
#10
Joined: Apr 2002
Posts: 35,082
Re: a simple situation........?!
Originally Posted by tom88_88
hi there its me again, after some more digging around on the K1 i have a couple of queries if thats ok.
if JFK is poe i get a stamp in the passport which allows work for 90 days. with this stamp i can get my SSN i believe. we get married at some point in the 90 days and file for AOS. obviously before i get the one year EAD card the original 90 days will be up, what then?
can i get an extension? is this the thing that cannot be done until after the first 90 days of your stay in the US has elapsed?
if i cant get an extension then i cannot legally work until i receive the one year EAD card after my first 90 days is up?
thanks so much
tom
if JFK is poe i get a stamp in the passport which allows work for 90 days. with this stamp i can get my SSN i believe. we get married at some point in the 90 days and file for AOS. obviously before i get the one year EAD card the original 90 days will be up, what then?
can i get an extension? is this the thing that cannot be done until after the first 90 days of your stay in the US has elapsed?
if i cant get an extension then i cannot legally work until i receive the one year EAD card after my first 90 days is up?
thanks so much
tom
Once a Fiance K-1 applies to adjust status (after marrying their USC) and the I-485 is accepted, the K-1 is in a 'pending' status; they are allowed to be living in the US while they wait for a decision on the i-485.
During that time, the Adjustment Applicant may apply for an EAD to authorize work and a travel document called Advance Parole.
Since this would be the 'same' employer (not exactly, but a known quantity), they should be able to work with you on this; I can see you being able to continue working for them through your intial K-1 entry and your AOS phase.
Is that what this is really all about?
Nov 8th 2006, 4:48 pm
#11
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Re: a simple situation........?!
Originally Posted by meauxna
tom,
Once a Fiance K-1 applies to adjust status (after marrying their USC) and the I-485 is accepted, the K-1 is in a 'pending' status; they are allowed to be living in the US while they wait for a decision on the i-485.
During that time, the Adjustment Applicant may apply for an EAD to authorize work and a travel document called Advance Parole.
Since this would be the 'same' employer (not exactly, but a known quantity), they should be able to work with you on this; I can see you being able to continue working for them through your intial K-1 entry and your AOS phase.
Is that what this is really all about?
Once a Fiance K-1 applies to adjust status (after marrying their USC) and the I-485 is accepted, the K-1 is in a 'pending' status; they are allowed to be living in the US while they wait for a decision on the i-485.
During that time, the Adjustment Applicant may apply for an EAD to authorize work and a travel document called Advance Parole.
Since this would be the 'same' employer (not exactly, but a known quantity), they should be able to work with you on this; I can see you being able to continue working for them through your intial K-1 entry and your AOS phase.
Is that what this is really all about?
well this is what its becoming all about yes, as i look into the k1 more, the similar sounding but not all that similar j1 is what i have been looking at up til now.
so youre saying DURING the first 90 days, while i am still under the 90 day stamp in my passport, after we get married and do the paperwork, i can apply for and get my one year EAD card?
Nov 8th 2006, 4:52 pm
#12
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: a simple situation........?!
Originally Posted by tom88_88
Hi there,
well this is what its becoming all about yes, as i look into the k1 more, the similar sounding but not all that similar j1 is what i have been looking at up til now.
so youre saying DURING the first 90 days, while i am still under the 90 day stamp in my passport, after we get married and do the paperwork, i can apply for and get my one year EAD card?
well this is what its becoming all about yes, as i look into the k1 more, the similar sounding but not all that similar j1 is what i have been looking at up til now.
so youre saying DURING the first 90 days, while i am still under the 90 day stamp in my passport, after we get married and do the paperwork, i can apply for and get my one year EAD card?
Nov 8th 2006, 4:55 pm
#13
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Re: a simple situation........?!
Originally Posted by snowbunny
Tom, just to clarify -- your girlfriend is a US citizen and not just a permanent resident or visa holder, correct?
Nov 8th 2006, 4:57 pm
#14
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Location: Austin, Texas in my own little world
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Re: a simple situation........?!
Originally Posted by tom88_88
hi yes she is indeed a US citizen, earning circa 42k a year in the NYC teaching fellows programme.
Nov 8th 2006, 4:59 pm
#15
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Re: a simple situation........?!
Originally Posted by tom88_88
so youre saying DURING the first 90 days, while i am still under the 90 day stamp in my passport, after we get married and do the paperwork, i can apply for and get my one year EAD card?
You are right, there will probably be a gap of some length (depends how fast you file AOS, how fast your EAD comes...) between the temp EAD and the 1-year EAD. Technically, it's illegal to work during that gap, because you don't have proper authorization. However, if your employer is willing to keep you employed, USCIS will forgive your work during that time.
It's really up to your employer whether to keep you employed during that gap or not. If, at any point, however, USCIS finds out that you are *currently* working unauthorized, they will notify your employer. Again, at that point, it's up to the employer to keep you employed or not. If he doesn't want to keep you on the payroll during the gap, he might be willing to give you some time off without pay, so you don't lose your position with the company.
Rene