Where to start? K1? AOS?

[jpross8 0]

Hey everybody,

First, I'd like to say it's really nice to know that there are other people in similar situations to mine who are willing to help me in this process! Thanks in advance for any replies.

My girlfriend is from Brazil we are looking into the time-line of planning a marriage. She is very successful/hard working and her biggest concern is moving to America and not being able to apply for/obtain a good job here. We would like to learn more about not only when she would be able to apply for jobs and the process to get to that point, but also, the likelihood of an employer in an economics related field hiring someone who is in the motions of this process. (I understand this is a very specific question, but any response/anecdote would be appreciated!)

She has a tourist visa which allows her to come to the states for approx 6 mos. so I'm not sure if applying for a K1 is necessary. The most important part for us is getting work authorization. Can we get married in either Brazil or the states and begin the work authorization process without her living in the states while it is being processed? Can she continue to work in Brazil while waiting on work authorization? I think the answer to these questions is no if she is filing for AOS or for an EAD but we're wondering if there is another way she can secure a job in America before quitting the job she has in Brazil. If she must quit and move to America before she can apply for work, how long would it typically take for her to have the right to apply for jobs like an American citizen? (We realize sponsorship is something companies do as well, however, in these difficult economic times, we don't expect her to get hired through sponsorship) Also what other factors do we need to consider? Say we do get married without a K1 and begin the work authorization process. I assume the next step would be to apply for AOS?

Thanks again for any help guys! Best of luck to all of you

[Harpa Timsah 13,258]

Choice 1:

Apply for K-1. After approval, enter on K-1, marry, then wait months for work authorization. In this time the immigrant could be settling in and looking for work, though cannot accept a job, and cannot leave the US.

Choice 2:

Marry, then apply for CR-1 spousal visa. Immigrant continues to work in Brazil. When visa is approved, immigrant enters US and gets work authorization upon entry. Immigrant can attempt to find a job in advance of that, with a start date after moving to the US.

She cannot enter the country on her non-immigrant tourist visa with the intention of immigrating to the US.

[jpross8 0]

For choice 2, why the CR-1 over the K3?

Choice 1:

Apply for K-1. After approval, enter on K-1, marry, then wait months for work authorization. In this time the immigrant could be settling in and looking for work, though cannot accept a job, and cannot leave the US.

Choice 2:

Marry, then apply for CR-1 spousal visa. Immigrant continues to work in Brazil. When visa is approved, immigrant enters US and gets work authorization upon entry. Immigrant can attempt to find a job in advance of that, with a start date after moving to the US.

She cannot enter the country on her non-immigrant tourist visa with the intention of immigrating to the US.