Background: I am a US citizen, she is a Taiwan citizen, I used to live in Taiwan for a year studying Mandarin. We have known each other since 2003 when she was backpacking through the US.
We had decided to live together for a bit before getting married and she had a job lined up before she got to the US, the job was supposed to get her a work visa but once she got here they flaked. So now we are trying to get her a work permit as fast as possible. She is currently in the US on a 6 month tourist visa.
After looking through VJ I decided to invest on 30 min with a top immigration lawyer in SF to figure out what's the fastest way to a GC. The lawyer sounded pretty good and said the fastest way to get her a work permit was to wait 90 days after her date of entry and then get married, that way it's clear that she didn't enter the US with the intent of getting married.
When I mentioned K3 and K1 he said we didn't need to do either just apply for a GC and within 3 month she would have a work permit and best of all she wouldn't have to travel back to Taiwan for an interview.
So now I am confused K1/K3/IR-1 all say she has to head back to Taiwan for an interview, what is this other option that I didn't know about ? or is the lawyer just telling me this so they can pocket the $ ?
Full Version: Lawyer said we didn't need K3
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion
Bob in the Bay,
Read this:
http://www.uscis.gov/files/article/A2.pdf
You'll find what the lawyer is thinking about in there.
Thanks, meauxna.
Yodrak
Read this:
http://www.uscis.gov/files/article/A2.pdf
You'll find what the lawyer is thinking about in there.
Thanks, meauxna.
Yodrak
QUOTE(Bob in the Bay @ Apr 5 2007, 03:02 PM) 
Background: I am a US citizen, she is a Taiwan citizen, I used to live in Taiwan for a year studying Mandarin. We have known each other since 2003 when she was backpacking through the US.
We had decided to live together for a bit before getting married and she had a job lined up before she got to the US, the job was supposed to get her a work visa but once she got here they flaked. So now we are trying to get her a work permit as fast as possible. She is currently in the US on a 6 month tourist visa.
After looking through VJ I decided to invest on 30 min with a top immigration lawyer in SF to figure out what's the fastest way to a GC. The lawyer sounded pretty good and said the fastest way to get her a work permit was to wait 90 days after her date of entry and then get married, that way it's clear that she didn't enter the US with the intent of getting married.
When I mentioned K3 and K1 he said we didn't need to do either just apply for a GC and within 3 month she would have a work permit and best of all she wouldn't have to travel back to Taiwan for an interview.
So now I am confused K1/K3/IR-1 all say she has to head back to Taiwan for an interview, what is this other option that I didn't know about ? or is the lawyer just telling me this so they can pocket the $ ?
We had decided to live together for a bit before getting married and she had a job lined up before she got to the US, the job was supposed to get her a work visa but once she got here they flaked. So now we are trying to get her a work permit as fast as possible. She is currently in the US on a 6 month tourist visa.
After looking through VJ I decided to invest on 30 min with a top immigration lawyer in SF to figure out what's the fastest way to a GC. The lawyer sounded pretty good and said the fastest way to get her a work permit was to wait 90 days after her date of entry and then get married, that way it's clear that she didn't enter the US with the intent of getting married.
When I mentioned K3 and K1 he said we didn't need to do either just apply for a GC and within 3 month she would have a work permit and best of all she wouldn't have to travel back to Taiwan for an interview.
So now I am confused K1/K3/IR-1 all say she has to head back to Taiwan for an interview, what is this other option that I didn't know about ? or is the lawyer just telling me this so they can pocket the $ ?
Yes all visas require her to return home for interview, and also not overstay her current one or a waiver for the overstay will be required.
If your fiancee did not enter country with immigration intent, you may want to read the AOS from other visa type guide here on VJ.
You file I-130, and I-485, and EAD at the same time.
SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2
If your fiancee did not enter country with immigration intent, you may want to read the AOS from other visa type guide here on VJ.
You file I-130, and I-485, and EAD at the same time.
SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2
wow you guys are quick, thanks a lot.
QUOTE(Bob in the Bay @ Apr 5 2007, 03:16 PM)
wow you guys are quick, thanks a lot.
We're a sad group... nothing else to do but answer VJ questions. ;-)
I wish I was quicker! But, I didn't know the answer. 
consolemaster,
That hasn't stopped you before.
(Sorry, I couldn't help myself - I've never seen such a big opening.)
Yodrak
That hasn't stopped you before.
(Sorry, I couldn't help myself - I've never seen such a big opening.)
Yodrak
QUOTE(consolemaster @ Apr 5 2007, 04:05 PM)
I wish I was quicker! But, I didn't know the answer.
QUOTE(JenT @ Apr 5 2007, 01:04 PM)
QUOTE(Bob in the Bay @ Apr 5 2007, 03:16 PM)
wow you guys are quick, thanks a lot.
We're a sad group... nothing else to do but answer VJ questions. ;-)
Hey that's not sad, it made my day and my gf's day. It's at least worth a grande coffee crisp.
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