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dkusma

Apply for IR-1 and temporary work visa at the same time?

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My wife recently filed an I-130 petition on my behalf (I'm a Danish national) and we are now waiting for it to be processed. From what I can read on this forum we should probably expect things to take 6-8 months (hopefully).

Recently however, my (Danish) job and I have been discussing that we might send me to work for them at their US office. I could just wait for the I-130 to be processed and an IR-1 visa issued and then move over there and start working, but I wanted to know if there is any way you could apply for a temporary work visa (like O-1) that would allow us to move there earlier, while the I-130 is being processed? I know that one should be careful about applying for several visas at the same time as this could be considered fraud but I wonder if there is a legal way to do this?

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If it is like business meetings and stuff than you can apply for B1 and chances are it may be granted as well.

If you are working for same employer not sure if they can file O1 for you. O1 is normally for someone with extraordinary skills, if your employer is going to file than they should be filing like B1 of L1.

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Thanks for your reply.

If it is like business meetings and stuff than you can apply for B1 and chances are it may be granted as well.

I would be employed by our US based office, which technically is its own entity (so not a branch of my current company). This company would then hire me full time. This would enable us to move to the US (and work) while waiting for the I-130 to be approved. So I would be an employee like any other US resident could be.

If you are working for same employer not sure if they can file O1 for you. O1 is normally for someone with extraordinary skills, if your employer is going to file than they should be filing like B1 of L1.

Yes, maybe the B1 is the way to go. Is there any reason to believe that applying for a B1 while I am also being petiotioned for by my wife, should cause any issues for the I-130? Would they consider it fraud?

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Just to clarify the IR-1 is for couples who have been married 2 years or longer. If you have been married for less than 2 years it would be the I-130 for CR-1 visa

We have been married for 3 years so we should qualify for the IR-1.

Does anyone know what the most optimal solution is in me case? I basically wan't to go and work in the US at a specific US company until the visa gets approved. Can I do that while still applying for the IR-1 visa?

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*** Thread moved from CR-1 Process forum to Work Visas forum -- OP's immediate concern involves work visas. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Does anyone know what the most optimal solution is in me case? I basically wan't to go and work in the US at a specific US company until the visa gets approved. Can I do that while still applying for the IR-1 visa?

You can, and your employer's lawyer will know the best visa to apply for for the type of work you do. It may be more difficult to get approved as you have an immigrant visa in the works, but it';s not impossible.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Sounds more like a L1, which does allow dual intent.

The company sorts it out, they pay and presumably will pay your costs.

Sounds like an excellent option.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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