Enter US While K-1 Visa is Being Processed and Work Permit

[Peja 0]

Hello everyone,

I am engaged and am looking for the best and fastest way to bring my fiancee to the USA.

My fiancee currently holds 3yr, multiple entry tourist visa to the USA. We are looking for the fastest way to bring her to the USA and obtain a work permit for her.

1) If we file for K-1 visa for her, during the visa processing, would she be able to enter US on her tourist visa?

2) Once my fiancee gets K-1 visa, would she be able to work once she enters US? If not how fast can she obtain work permit?

I really appreciate any insight you can give me.

All the best!

Peja

[Vivi and Michael 0]

Hi Peja!

Here is the fastest way to bring your love one to USA:

contact Immigration Docs: www.k1k3visas.com

I did everything with them, and it just took 2 months from the day I sent the paperwork prepared by them to USCIS to the day my fiancé got his visa!!!!!!!!!

JUST 2 MONTHS!!!!!!!!!!!!!!!!!!!! He is arriving in the US in a few days.

Believe me, you won't regret it!!

Good luck!!!!!

Vivian

Sunrise, FL

[Steve'sGirl 0]

First of all, welcome to VJ!

I would suggest you read through the guides prior to making any decision as to whether going the K1 or K3/CR-1 route.

As for your questions:

1) If your fiancee is holding a valid mutiple entry tourist visa, she can enter the US during the K1 process, keeping in my that everyone can be refused entry into the country. She should make sure that whenever she travels to the US to bring sufficient documents with her that show that she has strong ties to her home country and thus will return to the same.

2) As for the work permits, some POEs do 'stamp' a temporary work permit in the passport upon entry. However, this is usually only good for one month (anyone, please feel free to correct with regards to this time frame). Once you are married you will file for Adjustment of Status, including the work permit and Advance Parole.

All the very best for your journey!!!!

[truffles 2]

Welcome! and good luck - reading the guides as Stevesgirl pointed out is probably the best thing you can do...take time out to consider what works for you and your circumstances ....I am not sure if ViVi's case is typical as i understand there are special circumstances surrounding Cuba? Others will be able to add to this discussion i am sure ...

Good luck !

[yassmine2878 1]

1) If we file for K-1 visa for her, during the visa processing, would she be able to enter US on her tourist visa?

2) Once my fiancee gets K-1 visa, would she be able to work once she enters US? If not how fast can she obtain work permit?

1) Yes she can attempt to visit, but that does not mean she will be admitted. They can refuse her at the POE, even with a valid tourist visa. To avoid this, I would advise her having some strong proof of home times and intent to return there and wait out the processing over the K visa. Things like a job, bank account, family relations, etc. That being said, I do hope she does get to visit successfully. Having a mutliple-visit tourist visa is a Godsend when you're waiting on the K visa mess.

2) K-1's are legally authorized to work for the first 90 days upon entry into the US, incidental to their status. However, its hard to dig up enough documentation on this to satiate an employer, so you may wish to get the stamp anyways. She can get a temp EAD stamp at the POE. I think right now the only POE providing that is JFK. I have heard of instances where your local USCIS field office will give one if properly persuaded, but they are few and far between. Best to inquire in advance about those things. That temp EAD stamp is good for 90 days. I have seen many cases where an employer will keep the new immigrant on, after their temp EAD expires, if they provide proof they have applied for AOS/EAD/AP. So she may not have to quit her job while waiting for the status change.

Good luck and best wishes for a speedy approval!

[Vivi and Michael 0]

Welcome! and good luck - reading the guides as Stevesgirl pointed out is probably the best thing you can do...take time out to consider what works for you and your circumstances ....I am not sure if ViVi's case is typical as i understand there are special circumstances surrounding Cuba? Others will be able to add to this discussion i am sure ...

Good luck !

I KNOW GUYS!!!! You think that because my fiancé is from Cuba (me too but US naturalized) he had a special treatment! NOOOOOOOOOOOOOOOOOO!!!!!!!!!! NOT AT ALL!!!!!! US laws that benefit cubans start applying once the cuban person enters USA "illegally", yes, ILLEGALLY! (ironic, right). Other than that, my fiancé had to go through the whole process like every K-1 applicant in this world. The good thing that happened to us is that he doesn't live in Cuba, so he did not have to deal with U.S.Interest Section in Havana, Cuba,(believe me it's a nightmare) He had to deal with US Consulate at Caracas,Venezuela. But he was even put under Administrative Process after his interview!! until FBI did background check. But after all, it just took 2 months the whole process starting with me sending application to USCIS!!!!! We didn't even get a receipt from USCIS, I sent application to USCIS on November 3rd/2007 and on November 21st I got the approval notice for my petition!!! And let me tell you something else: we even got stucked after his interview at US Consulate in Caracas because my fiancé worked 1 year in China and Police Certificate from there was requested!! How on earth would we get a damn chinese police record????? No chinese consulate helped us, a total waste of time talking to them But thanks God (who put His hand in this from the beginning), my fiancé had a wonderful friend in China who requested the certificate from Beijing Public Service Bureau and got in on time for our 2nd interview!!!!!!! He scanned the 4 pages document and we got it by email the same day of our 2nd interview!!! just 2 hours before interview!! I was in Venezuela with him so we printed the damn chinese paper and took it to the Embassy and GOT APPROVED RIGHT THEREEEEEEEEEEEE!!!!

So, yes, we got a fast journey to get his K-1 visa but it was not painless!!!!!

Good luck to everyone and guys: CONTACT www.k1k3visas.com, YOU WON'T REGRET IT!!!

Love you all!!!!!!!

Vivian

[KarenCee 3]

Welcome! and good luck - reading the guides as Stevesgirl pointed out is probably the best thing you can do...take time out to consider what works for you and your circumstances ....I am not sure if ViVi's case is typical as i understand there are special circumstances surrounding Cuba? Others will be able to add to this discussion i am sure ...

Good luck !

I KNOW GUYS!!!! You think that because my fiancé is from Cuba (me too but US naturalized) he had a special treatment! NOOOOOOOOOOOOOOOOOO!!!!!!!!!! NOT AT ALL!!!!!! US laws that benefit cubans start applying once the cuban person enters USA "illegally", yes, ILLEGALLY! (ironic, right). Other than that, my fiancé had to go through the whole process like every K-1 applicant in this world. The good thing that happened to us is that he doesn't live in Cuba, so he did not have to deal with U.S.Interest Section in Havana, Cuba,(believe me it's a nightmare) He had to deal with US Consulate at Caracas,Venezuela. But he was even put under Administrative Process after his interview!! until FBI did background check. But after all, it just took 2 months the whole process starting with me sending application to USCIS!!!!! We didn't even get a receipt from USCIS, I sent application to USCIS on November 3rd/2007 and on November 21st I got the approval notice for my petition!!! And let me tell you something else: we even got stucked after his interview at US Consulate in Caracas because my fiancé worked 1 year in China and Police Certificate from there was requested!! How on earth would we get a damn chinese police record????? No chinese consulate helped us, a total waste of time talking to them But thanks God (who put His hand in this from the beginning), my fiancé had a wonderful friend in China who requested the certificate from Beijing Public Service Bureau and got in on time for our 2nd interview!!!!!!! He scanned the 4 pages document and we got it by email the same day of our 2nd interview!!! just 2 hours before interview!! I was in Venezuela with him so we printed the damn chinese paper and took it to the Embassy and GOT APPROVED RIGHT THEREEEEEEEEEEEE!!!!

So, yes, we got a fast journey to get his K-1 visa but it was not painless!!!!!

Good luck to everyone and guys: CONTACT www.k1k3visas.com, YOU WON'T REGRET IT!!!

Love you all!!!!!!!

Vivian

That is great! We're all glad it only took a couple months. BUT what the previous poster was trying to convey is that this is NOT typical for most everyone else. K-1's on average do NOT get processed this fast. The forms listed here (and are downloadable) are the same ones used by lawyers and other persons who do the work for you. I'm not so sure that having someone else do the paperwork for you is the reason your case was completed so quickly. Of course, it is up to the OP to decide which direction to go in. It just needs to be said that not everyone's case is completed so quickly. IMHO of course.

[Peja 0]

Thanks everyone for their response. I will also look into getting merried outside of USA and doing DCF before proceeding, but K-1 visa definitely looks like a winner for now.

Cheers!

Peja