Entered U.S on K1 Visa-Can I Use P1(athlete) VIsa During K1 Process

[jamesep 0]

Hello,

I entered the U.S about a week and a half ago on the K1 visa and everything has gone very well with the K1 process so far. I met my fiancee at school in Ohio where I played hockey. I've very recently been offered a tryout with a minor pro hockey team in the area and because the EAD is probably 2-3 months away at this point I would need to use the hockey teams visa to play. The hockey team would provide a P1 visa so my question is while in the middle of the K1 process (applying for SSN tomorrow and getting married soon after) would going on the P1 visa cancel my K1 visa? make it more complicated possibly? or not be a problem? Any advice would help please and thanks.

James,

[Harsh_77 716]

Hello,

I entered the U.S about a week and a half ago on the K1 visa and everything has gone very well with the K1 process so far. I met my fiancee at school in Ohio where I played hockey. I've very recently been offered a tryout with a minor pro hockey team in the area and because the EAD is probably 2-3 months away at this point I would need to use the hockey teams visa to play. The hockey team would provide a P1 visa so my question is while in the middle of the K1 process (applying for SSN tomorrow and getting married soon after) would going on the P1 visa cancel my K1 visa? make it more complicated possibly? or not be a problem? Any advice would help please and thanks.

James,

No as far as I am aware you cannot do it, basically the concept is that at any given point of time you can be only on one visa.

In your case you entered on k1 if you switch to any other visa your K1 would be abandoned.

Once your k1 is abandoned you would no longer be eligible for EAD.

[Harpa Timsah 13,258]

Do the tryout, if you get the gig, ask for EAD expedite based on pending job offer (apply for AOS right away).

[jamesep 0]

Thank you very much for your responses.

I'm still a couple weeks away from applying for AOS. I'll be applying for a SSN tomorrow and getting married on Wednesday. I've heard the SSN will take a couple weeks and I can't apply for AOS until I have that correct? Any idea how long EAD expedite would take?

[hmh33 117]

SSN is not required for AOS.

[Harpa Timsah 13,258]

SSN is not required for AOS. Get married on Wednesday? File AOS on Thursday.

If and when you make the team, then call and ask for expedite. You will need to have a firm job offer in hand and exceptional circumstances.

[Penguin_ie 5,984]

The other thing to consider: how long does it take to get a P1? Even if you could get it, the EAD would probably be quicker

[Villanelle 4,121]

SSN is not required for AOS. Get married on Wednesday? File AOS on Thursday.

If and when you make the team, then call and ask for expedite. You will need to have a firm job offer in hand and exceptional circumstances.

Its impossible to get married on wed and file AOS on thursday. If you get married in a civil court you have to wait for the court to return your marriage license to the clerk, which can take a day or two, and then you have to wait for the clerk to record it before you will be able to obtain a certified copy of your marriage certificate which is needed for your AOS packet.

So if hes married on Wed, the soonest he could obtain his marriage certificate may be the following Monday (?) He could next day express mail his AOS packet to USCIS the same day if he has it prepared.

You can search the USCIS website for info on expedited EADs. IF memory serves me- I believe the processing time is around 2-3 weeks rather then 2-3 months. But you would want to submit a normal EAD and AP application with your AOS packet and like the above posters said- if and when you make the team, you would contact USCIS either via the 800 number or through and infopass appt and ask for your existing application to be changed to an expedited one. (You may also have to file for emergency AP if the hockey team plays anywhere outside the US, as you can not leave the US w/o AP)

[Lainie B 465]

Its impossible to get married on wed and file AOS on thursday. If you get married in a civil court you have to wait for the court to return your marriage license to the clerk, which can take a day or two, and then you have to wait for the clerk to record it before you will be able to obtain a certified copy of your marriage certificate which is needed for your AOS packet.

So if hes married on Wed, the soonest he could obtain his marriage certificate may be the following Monday (?) He could next day express mail his AOS packet to USCIS the same day if he has it prepared.

You can search the USCIS website for info on expedited EADs. IF memory serves me- I believe the processing time is around 2-3 weeks rather then 2-3 months. But you would want to submit a normal EAD and AP application with your AOS packet and like the above posters said- if and when you make the team, you would contact USCIS either via the 800 number or through and infopass appt and ask for your existing application to be changed to an expedited one. (You may also have to file for emergency AP if the hockey team plays anywhere outside the US, as you can not leave the US w/o AP)

That's not necessarily true. It depends on the court and how they handle marriage certificates. In my case we got married and received the marriage certificate on the spot. We submitted our AOS the day after we got married.

Edited January 9, 2013 by Lainie B

[Villanelle 4,121]

Well while that true for more progressive urban areas like Las Vegas, the OP said he met his fiance in Ohio, so Im assuming they still reside there. Ohio is considered in the midwest and they do things a bit differently and slower there.

[Harpa Timsah 13,258]

Check with how Ohio does things instead of making blanket statements about regions. I assure you that Vegas is not "progressive."

[LeftCoastLady 441]

That's not necessarily true. It depends on the court and how they handle marriage certificates. In my case we got married and received the marriage certificate on the spot. We submitted our AOS the day after we got married.

OP, call the county clerk's office where you're to be married and confirm that if you or your wife bring in the certificate, you'll be able to receive same-day certified copies. Many counties -- regardless of their perceived progressive/non-progressive area -- do this.

[Villanelle 4,121]

Wow. I know how Ohio does things. You obtain a marriage license. You present it to whomever is performing the ceremony. They sign it after the wedding. They mail it to the clerk. (I have seen posts where members have asked if they could hand deliver the marriage license to the clerk themselves to shave some time off instead of having the judge mail it in, however it rarely seems to happen) Once the clerk receives the signed copy of your marriage license back, you go to the clerks office where he or she will issue you a certified copy of your marriage certificate.

Ohio is in the midwest. The way the government is set is up, the county clerks are usually not in the same buildings as the judges who perform marriages. Hence the fact the marriage licences are mailed to the clerk and there is a few days added on before the certificate is able to be issued by the clerk.

Im sorry that my statement of 'more progressive' or rather modern cities with a better infrastructure would have a more efficient setup and therefore a quicker process of getting marriage licenses to the clerk who could then issue the certificate but its true.

I suppose the OP or any one reading this who is getting married and in need of their marriage certificate in a rush could inquire about being able to hand deliver the signed license themselves to the clerk, however the judge performing the ceremony or his or her staff may be reluctant to do so as it breaks from their traditional protocol.

[jamesep 0]

We are now in Nashville, TN and we will be getting married on Friday and applying for AOS, EAD, and AP as soon as we receive the marriage certificate. I've been reading about the expedited EAD and I believe I need to have my biometrics done before applying for an expedited EAD which could be a few weeks away anyway. If I get accepted for an expedited EAD (seems pretty unlikely) I'll still be about 4-6 weeks away from receiving it. Definitely still worth a try so I'll keep everyone posted and thanks again for the responses.