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ejmac

Engaged and Entering US on P1 work visa

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Filed: Country: Scotland
Timeline

I am a US citizen, my fiancee is a British citizen from Scotland looking to settle in the US. He will be entering the US on a P1 work visa, then we are planning to marry. Can anyone advise as to the best way to proceed?

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Now, hold up...you don't know that. Particularly if he sought and secured the visa prior to the engagement.

First of all, please enlighten us as to what a P-1 visa is. I sure don't know. Most VJers only know much of anything about family- and marriage-based visas. :)


Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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Filed: AOS (apr) Country: Colombia
Timeline

We need more info. :yes:

Good luck,

Peter Miami


Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

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Filed: Citizen (apr) Country: England
Timeline

http://uscis.gov/graphics/services/visas.htm

P1 is an entertainers/athletes visa.

http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-act101a15pi

By the looks of things, one would have to show considerable non-immigrant intent in order to get one, as well as evidence that they were attending a specific event. From the provisions shown, it looks like it would be a more intensive visa to get than a K1, so it's definitely not one to seek for the purpose of avoiding the K1 procedure!

That being said, it is very firmly a NON-immigrant visa. From the impression I get from the USCIS website, it would appear to be much like adjusting from B2, or the VWP - allowed as long as that was not the initial intention upon entry. This website states that you can do AOS from a P1:

http://faq.visapro.com/P1-Visa-FAQ6.asp#Q16

ejmac, my guess would be that because your fiance is not in the US at the moment and you intend to get married, you would have trouble justifying it as "spontaneous and unplanned" in an AOS interview. (It would also be immigration fraud if he entered on his P1 with the sole intent of marrying and adjusting status, not advisable!) One way to do what you're looking to would be to marry and file for K3 (or CR1 via DCF, if London will allow it) whilst your other half is still in the US on his P1, thus minimising the waiting time. You would have to ensure that whatever business your other half has (you didn't say if he's an athlete or performer) would be concluded by the likely time of interview in the UK.

Hope that helps!

:star:

(PS: I also found it a little scary that I knew what a P1 was before I looked up the links. Think I could have a possible career as an attorney, if I get my butt back to school?! :lol:)

Edited by clmarsh

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Filed: K-1 Visa Country: Brazil
Timeline
Now, hold up...you don't know that. Particularly if he sought and secured the visa prior to the engagement.
He will be entering the US on a P1 work visa, then we are planning to marry.

Isn't that what you would call "intention to emigrate"? I dont think it matters when they got engaged or when he got his P1..

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First of all, the OP says they're planning to marry. Not that her fiance is planning to immigrate. Big difference.

Second of all, it's entirely possible that the engagement happened without regard to the visa or lack thereof.

Clmarsh's post sums up their options, as I understand them, pretty well. So far, the OP's sweetie doesn't seem to have fraudulent intent. He doesn't seem to have gotten the P visa to circumvent the K visa, and as far as we know, he is duly qualified for a P visa.

One option that Clmarsh didn't mention that I will is filing for a K-1 as soon as the OP's sweetie hits the States. That way they can enjoy as much time as possible together, he can fulfill his P-1 obligations, head back for the interview, and come back on his K-1 to get married. Piece of cake, and most likely faster than either a K-3 or a CR-1.

London won't allow DCF unless the American half of the couple has ILR in the UK, so unless the USC is 2+ years resident in the UK, that's a no-go.

Edited by pax

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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Filed: Citizen (apr) Country: England
Timeline
(ii) Evidence required to accompany a petition for a P nonimmigrant. Petitions for P nonimmigrant aliens shall be accompanied by the following:

(A) The evidence specified in the specific section of this part for the classification;

(B ) Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien(s) will be employed;

(C ) An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and

(D) A written consultation from a labor organization.

(iii) Form of documentation. The evidence submitted with a P petition should conform to the following:

(A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien's achievement and be executed by an officer or responsible person employed by the institution, establishment, or organization where the work was performed.

(B ) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or, in the case of a motion picture or television production, the extraordinary achievement of the alien, which shall specifically describe the alien's recognition and ability or achievement in factual terms. The affidavit must also set forth the expertise of the affiant and the manner in which the affiant acquired such information.

(C ) A legible copy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director.

http://uscis.gov/lpBin/lpext.dll/inserts/s...lb-8cfrsec2142p

Would anyone really go through all that to circumvent the K1 process?!

I think I was pretty explicit in what I would see their options to be assuming they wish to marry in the US, the only other alternative is to consult an immigration attorney - advisable in any case as a P1 is not a common visa to this site and to be honest, we're all offering "best guess" solutions ;)

Edited by clmarsh

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Minor correction on my post: I should have said that the OP didn't state that her fiance wanted to immigrate on his P visa.

I do agree with Clmarsh that a consult with a good immigration attorney is probably in order. We have very few marriage-based adjustees from work or student visas here, and none that I know of from P visas.


Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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I am a US citizen, my fiancee is a British citizen from Scotland looking to settle in the US. He will be entering the US on a P1 work visa, then we are planning to marry. Can anyone advise as to the best way to proceed?

The best way to proceed if you get married while he is here on the P1 visa is for him to return to Scotland after the marriage and before his I-94 expires and for you to then file for CR1/K3 visa.

It's not fraud to get married. It's fraud if he enters with the P1 with the intention to marry and adjust from the P1.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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I suspect John is right about the P-1 not being a dual intent visa, but again, you might want to consult with an attorney about your options.

I'm probably in the minority here about your options should you decide that trying to marry and adjust on a P-1 isn't the best idea, but I'm going to say again that you should start an I-129F petition for a K-1 visa as soon as your sweetie gets here, if you can. A K-1 will most likely be quicker than either a K-3 or a CR-1. I don't know how long your sweetie will be stateside, but if it's for a couple of months, your petition will probably be approved in that time and he can head back to the UK for his medical and interview, get his visa, come back, and get married. *Most* K-1s through the UK fly through in less than six months (BUT YOUR MILEAGE MAY VARY).


Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney. :yes:


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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I was hoping Sriniv would drop by; he knows a lot about work visas. :)

But yeah, a sit-down with a good attorney can't hurt.


Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney. :yes:

The poster indicated that he is not here yet. Entry with a nonimmigrant visa with intentions to immigrate IS NOT LEGAL. Any legitimate immigration attorney will tell them the same. The issue here is that their current plan involves the use of a nonimmigrant visa with intent to immigrate.

The situation might have allowed them to file AOS if the decision to marry happened after he was already here, but I'm not sure if that's even allowed from a P1 visa. The answer of whether it can be done from a P1 is overcome by the fact that the intent to immigrate has been established prior to entry.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney. :yes:

The poster indicated that he is not here yet. Entry with a nonimmigrant visa with intentions to immigrate IS NOT LEGAL. Any legitimate immigration attorney will tell them the same. The issue here is that their current plan involves the use of a nonimmigrant visa with intent to immigrate.

That's the whole point...we don't know what an immigration attorney will tell them. Some student and work visas are dual-intent. I have no idea if a P visa is or not, and I'm guessing you don't either.

This is not a DIY job, I suspect. Her fiance does have a visa which for all intents and purposes is legit, and they want to get married. We don't know how USCIS is likely to treat a P adjustee, whether or not it's legal to come in on a P visa with the intent to fulfill the terms of the visa and then marry...we don't know. And I don't think it's wise for people to be telling her that it's definitely illegal to adjust from a P visa if the couple in question is engaged at the time of entry. It may very well be. But it may be do-able.

Which leads me to believe that we should be telling the OP that very few people on VJ, myself included, know the first thing about work-visa-to-marriage-to-AOS, and that she might be better served by posting at British Expats (www.britishexpats.com) and consulting a good immigration attorney. :)


Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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