Abandon K-1 process for work visa - good idea or no?

[ducsacrossamerica 15]

My fiancé may be getting a job offer which includes a work visa (A-2 non-diplomatic). We are currently in the K-1 process, have gotten our NOA2 and are waiting to hear from the consulate to proceed with the next steps.

We are trying to figure out the pros and cons of abandoning the K-1 and accepting the job with the A-2.

Pros - we'd save some money. Actually, we'd save a good amount of money, for a time anyway. Other pros include his having a job and being able to work right away (though at a pretty low salary) and our being able to get married anywhere (which means his family could attend). We could also travel whenever and wherever we want.

Cons - we may have to wait a little longer for the newer visa to get processed and for him to get over here (and we've already been waiting months for the K-1 petition to get approved from TSC!) That's a really big negative, actually.

I'm also wondering if he takes the job with the work visa, and then we get married, will he have a problem with the AOS when we decide to go for that? Would it be wise to wait past 90 days to get married if we do this? I feel like we'd potentially be putting his green card at risk since he already stated intention to immigrate, and it would look like he was trying to get around the cumbersome family visa system to get to the US.

Does anyone have any advice on this? Is it a bad idea? What else do we need to take into consideration?

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

[jan22 3,056]

How can an A-2 be non-diplomatic? The person can be part of the support staff and not have full diplomatic immunity, but the A-2 is a diplomatic visa to work for a foreign mission in the US. Adjusting status from an A-2 visa can be difficult and time consuming. You would need to file the appropriate form (I-508?) to waive the diplomatic/consular immunity if he has any -- or convincing the appropriate office that he doesn't need to file this form. Only after that has been accepted, he would need to get approval from the foreign embassy on a special form (I-566?) which then needs to be approved by the Department of State and ultimately by USCIS -- any one of the three entities could not approve and that would end the process. Not sure I would want to take the chance of the time it would take and possibly be denied -- but, you guys need to decide what's best for you, of course.

[NikLR 13,227]

AOS is AOS. If you do it from a work visa it is significantly more expensive (you also need to file the I-130 = $420)

You're pretty much at the end of your K1 process. Why not continue? If he has a job he can get the EAD expedited and it only takes 90 days for the AP.

[ducsacrossamerica 15]

AOS is AOS. If you do it from a work visa it is significantly more expensive (you also need to file the I-130 = $420)

You're pretty much at the end of your K1 process. Why not continue? If he has a job he can get the EAD expedited and it only takes 90 days for the AP.

I didn't know you could get the EAD expedited if you have a job -- good to know.

[ducsacrossamerica 15]

How can an A-2 be non-diplomatic? The person can be part of the support staff and not have full diplomatic immunity, but the A-2 is a diplomatic visa to work for a foreign mission in the US. Adjusting status from an A-2 visa can be difficult and time consuming. You would need to file the appropriate form (I-508?) to waive the diplomatic/consular immunity if he has any -- or convincing the appropriate office that he doesn't need to file this form. Only after that has been accepted, he would need to get approval from the foreign embassy on a special form (I-566?) which then needs to be approved by the Department of State and ultimately by USCIS -- any one of the three entities could not approve and that would end the process. Not sure I would want to take the chance of the time it would take and possibly be denied -- but, you guys need to decide what's best for you, of course.

There is a small subset of A-2 visas known as 'Permanently Resident-In'. These carry NO diplomatic immunity, and are used by consulates/embassies when hiring staff as "locally engaged". Not all embassies and consulates use these (I only know of a handful). The holders are also not eligible for green cards.

You are right, it sounds much too difficult to do since we are so far along in this process. Had I known the K-1 was going to take so long back in February I would have explored this further.