Work Permit on Fiance(e) Visa

[JGK1982 0]

Hi everyone, first time poster. I have been researching the last few days about which visa route myself (Irish citizen) and my fiancée (US citizen) both residing in Ireland should go about immigrating to the USA.

I have a question about getting a Work Permit on a Fiancé(e) Visa. As I have already travelled to the USA on a J1 visa, I already have a social security number etc. Would this help me get a work permit quicker? We are trying to find a route to the US which would have us a arrive in January 2017 and ideally I would be able to work on arrival.

[Kastrs 723]

Get married right away and file for the CR1 visa. Then you will receive a green card on arrival to the US. The CR1 visa process takes about a year.

Note that regardless if you file a CR1 visa or stick with the K1, your SO will need to provide evidence of financial support. If she does not have US based income then you will need a cosponsor.

[JGK1982 0]

Thanks for the advice, it's the time frame that was putting me off the CR1. "About a year" doesn't really give me an accurate passage of time. I don't mean just you saying it, I mean everybody on the web! Also thanks for the advice regarding financial support.

Edited December 8, 2015 by JGK1982

[Penguin_ie 5,986]

***** Moved from K1 fiance visa to What Visa do I need forum *****

I would also recommend the CR-1 for your case; get married in the registry office asap, file for the visa, and wait. Yes "about a year" is an uncertain time, but in cases where the couple lives abroad, the case is often expedited. PLus the K1 has several disadvantages in your case:

- Cannot work for about 3 months after arrival in the USA (you need to get married and file for AOS first, having an SSN won;t make it faster)

- More expensive

[JGK1982 0]

Okay this is great advice guys and thank you. Is the fact that my then wife is not living in the US become a problem?

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

[Penguin_ie 5,986]

Not a problem as such, as long as she can prove that she was either living abroad temporarily, or has made serious plans to return to the USA (looking for a place to live, sign on with recruiters etc).

The one issue many USCs living abroad face is the financial support requirement. She needs to have filed taxes with the IRS (backfile now if she hasn't), and she needs to prove she can support you, the beneficiary, when you enter the USA. People living abroad usually do that either via assets (3 times as much as income needed, so a minimum of about $60'000 for two people), or with a US based co-sponsor who stands guarantoor.

[JGK1982 0]

Wow, really appreciating this advice. So another knock on question. It's likely we would have to go the guarantor method. Her parents are retired but would have the assets to cover this. So am I correct in saying they would need to guarantor $60,000?

[Penguin_ie 5,986]

No, you would need more, as there would be at least 3 people in their household- mom, dad, and you. Plus potentially more people, if they claimed any elderly or minor relatives on their taxes. You can see the poverty guidelines here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

However, some income they may have can be counted as part of the requirement, so they may not need to rely soley on assets.