Applying for work during K 1 Process

[Cercy 0]

A recent thread about winning the DV while applying for fiance visa got me wondering....

Is it possible for my fiance to apply for work while we're going for a K 1? When I called the USCIS call center they said NO that is FRAUD. And they told me applying for DV is also fraud. And a kind VJer told me that the USCIS call center is AKA the Misinformation Line.

We want to get married. I have begun making plans to uproot myself and my 3 year old to live with him in Portugal until we can save enough to come back to the US as he owns a home and has a job there and I have neither in the US (though I do rent and am looking for employment to meet the Affidavit requirements).

Honestly I would prefer not to go to Portugal, but if it means being with him I will do it because wherever he is is where I want to be.

When does the Affidavit matter? When applying for the K 1? Some paperwork doesn't even seem to request it. Or when applying for Adjustment? Because if it's the latter couldn't he get a job offer while in the US for the 90 days and use that in lieu of the Affidavit of support? Or is looking for work when you are really just trying to come be with someone in the US really and truly fraud?

Thanks in advance for shedding any light on this matter.

Edited July 21, 2011 by Cercy

[little_g 35]

You MUST meet the poverty guidelines for 2011 or else have a co sponsor. Yes you must have the I-134 for yourself and a co-sponsor. that is the affidavit of support documents. It IS fraud to work before he has received an EAD (employment authorization document) he cannot work until he has that and he gets that after you marry and file for AOS. You file for your EAD with the AOS and a travel document so he can leave and go back to visit family while AOS is in process and that way the EAD and the Travel document are free. Just pay for the AOS.

Edited July 21, 2011 by little_g

[ryna 132]

Would he be in the US for some reason, or in Portugal while waiting? If in the U.S., working would not be legal. Even if he were in the U.S, he'd have to return to Portugal for an interview (and, of course, couldn't overstay any visa/VWP entry used to come here in the first place.) If he's in Portugal, there is no issue at all if you mean speaking to people about potential future employment. Keep in mind he wouldn't be able to start any U.S. employment until you have filed for AOS/EAD and received either the Employment Authorization or the Green Card.

If you go for the K-1, the embassy most likely would want an I-134 Affidavit of support showing 125% current poverty-level income. They are not as strict about this in some locations as in others. For adjustment, an I-864 will be required showing the same income-level. The immigrant's income can not be used to meet this requirement.

If you do move to Portugal and marry there, you'd file for a CR-1/IR-1 visa (Spouse visa) through Direct Consular Filing (DCF). You would still need to show that you would meet the same income or asset requirements once you arrive in the U.S.

Hope this explain a little..

[Cercy 0]

I may not have been clear. I asked if he could get a work offer, not start working illegally.

Sorry, it's a bit confusing for me so it probably came out jumbled. I was just wondering that if I meed the Affidavit requirements for the K 1 and he comes here, we marry and then he gets a job offer would they consider that as proof he wouldn't become a public charge? He has pretty highly specialized skills and I believe he wouldn't have trouble finding work during the three months he is here on the visa, before applying for the AOS.

Also, re coming back to the states someone here on VJ said if we saved around 70 thousand it might be considered sufficient to come back to the states after a year or so. Wondering if that's a well known fact or not.

Edited July 21, 2011 by Cercy

[Harsh_77 716]

He can get a work offer while he is on K1, there is nothing wrong it - cannot start the work until has the EAD.

Can he us the work offer in lieu of support - no for the support you(petitioner) needs to show either by herself or with co-sponsor that they have enough funds and benficiery would not become a public charge and in case if he becomes a public charge you have enough funds to re-pay the govt.

I may not have been clear. I asked if he could get a work offer, not start working illegally.

Sorry, it's a bit confusing for me so it probably came out jumbled. I was just wondering that if I meed the Affidavit requirements for the K 1 and he comes here, we marry and then he gets a job offer would they consider that as proof he wouldn't become a public charge? He has pretty highly specialized skills and I believe he wouldn't have trouble finding work during the three months he is here on the visa, before applying for the AOS.

you have to marry in 90 days but his AOS would not be complete in 90 days, AOS would take much longer than that I would say approx 6-7 months.

[Cercy 0]

He can get a work offer while he is on K1, there is nothing wrong it - cannot start the work until has the EAD.

Can he us the work offer in lieu of support - no for the support you(petitioner) needs to show either by herself or with co-sponsor that they have enough funds and benficiery would not become a public charge and in case if he becomes a public charge you have enough funds to re-pay the govt.

you have to marry in 90 days but his AOS would not be complete in 90 days, AOS would take much longer than that I would say approx 6-7 months.

So even if he got a job offer he couldn't work for six to seven months? No job is going to wait that long when they have a need no matter how good the potential employee. I guess that's not a viable route. Sure wish the economy would pick up.

Edited July 21, 2011 by Cercy