Wife working?

[Craig D 0]

My fiancee is scheduled to come into the USA next month on her K-1 visa. I live in Connecticut. She works for an airline in Peru, and they have offered to help get her a job in Orlando at their branch there. I'm not exactly sure what sort of classification that would be.

She wants to take the job offer in FL, and then when I am able to get a transfer from my job, I could move down there and join her. I'm just worried about the Green Card interview. I'd hate to have the Green Card interview while I'm still working up here in CT and she's down in FL. That would look horrible, and almost a certain denial if what I've read is correct. I read they go in needing real proof the marriage is legitimate in order to approve the green card, and if we're living in seperate states, thats not going to help.

What options do we have? Am I perhaps misinformed about the way the green card works? Might she instead be able to get a green card through that work?

If she does wind up coming here to CT as originally planned, how long would it be until she'd be able to work willingly (and possibly apart from me, if need be) without messing things up for the green card?

Any suggestions would be greatly appreciated.

Thanks.

[TracyTN 237]

There are MANY ways to prove a marriage is legitimate - living together isn't the only one. You'll just want to be sure to be 'heavy' on the other forms of proof, and be ready to answer any questions should you be asked. Many green card applicants aren't even interviewed, so its possible you won't be either.

She'll have to wait until she receives work authorization (EAD) after arriving and applying for adjustment of status. I think the average wait time is 2-3 months but your mileage may vary.

Also moving to more appropriate forum.

[Eric-Pris 1,607]

If she does wind up coming here to CT as originally planned, how long would it be until she'd be able to work willingly (and possibly apart from me, if need be) without messing things up for the green card?

When she first comes to the US, she's not legally allowed to work. You should apply for Adjustment of Status (green card) as soon as possible after she enters the US. Included free with the AOS is the AP (travel) document and EAD (employment) document.

She can't work until she receives the EAD and has a social security number. The EAD is supposed to be issued within 90 days of them receiving her AOS paperwork. Often times it's faster 60-70 days, but occasionally it takes longer than 90. You can go and apply for the SSN as soon as she enters the US. It's good to wait about 2 weeks for her name to be in their system.

So assume she won't be able to work for a minimum of 3-4 months after she enters the US since it will take some time to put the AOS forms together (i.e. collect documents).

I wouldn't worry about the AOS interview. If you can prove that she had this good job offer, it won't affect you negatively assuming you have other proof of bona fide marriage.

[Bobby+Umit 161]

Something that may be a problem.

Says she gets the EAD, and starts working prior to getting the GC.

The AP is supposed to be used for "emergency travel" - what happens if she needs to leave the country because of the job (airline)?

Would they allow use of the AP to travel under these conditions?

[TracyTN 237]

I've not heard that AP is only to be used for 'emergency travel'. I didn't think the reason for the travel mattered - I mean, isn't going home to see your family reason enough - not to mention needing to travel for business?

Edited January 15, 2010 by TracyTN

[Bobby+Umit 161]

I've not heard that AP is only to be used for 'emergency travel'. I didn't think the reason for the travel mattered - I mean, isn't going home to see your family reason enough - not to mention needing to travel for business?

According to the I-131 instructions:

Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.

So, going by what they stated, going home to see your family (for non-emergency purposes) would not fit under the instructions.

I don't know how using it to work (ead/ap) would fit.

[Gary and Alla 3,696]

My fiancee is scheduled to come into the USA next month on her K-1 visa. I live in Connecticut. She works for an airline in Peru, and they have offered to help get her a job in Orlando at their branch there. I'm not exactly sure what sort of classification that would be.

She wants to take the job offer in FL, and then when I am able to get a transfer from my job, I could move down there and join her. I'm just worried about the Green Card interview. I'd hate to have the Green Card interview while I'm still working up here in CT and she's down in FL. That would look horrible, and almost a certain denial if what I've read is correct. I read they go in needing real proof the marriage is legitimate in order to approve the green card, and if we're living in seperate states, thats not going to help.

What options do we have? Am I perhaps misinformed about the way the green card works? Might she instead be able to get a green card through that work?

If she does wind up coming here to CT as originally planned, how long would it be until she'd be able to work willingly (and possibly apart from me, if need be) without messing things up for the green card?

Any suggestions would be greatly appreciated.

Thanks.

Suggestions?

Forget the K-1 and go the CR-1 route. The K-1 is exactly wrong for your case, it is a terrible choice. Get married now and apply for a CR-1. If you have already applied for a K-1 then abandon it and notify USCIS accoringly. when the CR-1 is approced she will have a green card, have no work or travel restrictions and you will not have to do the AOS.

[Gary and Alla 3,696]

My fiancee is scheduled to come into the USA next month on her K-1 visa. I live in Connecticut. She works for an airline in Peru, and they have offered to help get her a job in Orlando at their branch there. I'm not exactly sure what sort of classification that would be.

She wants to take the job offer in FL, and then when I am able to get a transfer from my job, I could move down there and join her. I'm just worried about the Green Card interview. I'd hate to have the Green Card interview while I'm still working up here in CT and she's down in FL. That would look horrible, and almost a certain denial if what I've read is correct. I read they go in needing real proof the marriage is legitimate in order to approve the green card, and if we're living in seperate states, thats not going to help.

What options do we have? Am I perhaps misinformed about the way the green card works? Might she instead be able to get a green card through that work?

If she does wind up coming here to CT as originally planned, how long would it be until she'd be able to work willingly (and possibly apart from me, if need be) without messing things up for the green card?

Any suggestions would be greatly appreciated.

Thanks.

Suggestions?

Forget the K-1 and go the CR-1 route. The K-1 is exactly wrong for your case, it is a terrible choice. Get married now and apply for a CR-1. If you have already applied for a K-1 then abandon it and notify USCIS accoringly. when the CR-1 is approced she will have a green card, have no work or travel restrictions and you will not have to do the AOS.

EDIT

I just caught in your post she is coming next month. Here is your choice. Be prepared for her to stay in this country for 2-3 months minimum while you apply for the AOS and AP OR go down there, marry her and file for a CR-1, forget the K-1. Just because she has K-1 visa does no tmean she needs to use it. OR she can come here on the visa, get married and leave, then file for the CR-1. It was a bad choice for you.

[msu17 0]

I would ignore gary's advice (though I almost never say that!). You are 1 month away from her coming here, already spent the $ on the K1, so just have her come and file the AOS. I see no point in waiting for yet another visa to come through unless she REALLy needs to keep working for those 2-3 months while she is waiting for her EAD/AP. Also the AP may be intended for emergent travel but they give it to anyone who applies for it, so ignore that worry. You will just need to show extra evidence of your relationship when you submit your AOS.