Can I do the K1 interview inside the US?

[alexbatalla 1]

Hi,

I will be travelling to the US because I cooperate with a US company that wants me to help them for a trade show. This trade show will be during the same dates as I expect to do my K1 interview. If I can do it before in Spain fine (even I am worried about the delivery time of the passport after the interview). In case the interview cannot be scheduled until after that tradeshow, can I travel to US and just get the interview done inside US so I don't need to travel back to Spain only for the interview?

What do you think? Are there other options to avoid travelling back and forth just for the interview?

Thanks

[Georgia16 2,858]

No the interview can not be in the US...

[Georgia16 2,858]

And you are not allowed to work when you enter on the K-1 visa so don't know how you'll do that work you are talking about? ... (maybe another member knows more about that part)

[Boiler 45,665]

Attending trade shows can be done as a visitor. Say you worked for a Spanish company that was exhibiting at a US show.

[IcezMan_IcezLady 582]

There's a residency requirement in order to have your case transferred to a particular place.

One more advice, US immigration process is not as fast (blame bureaucracy and low funds) as you think.

[kris&me 572]

When is the trade show?

HOw long will you be in US for this?

your case is in NVC/ has fiancee sent in all reqquired documents to NVC?

these are the things VJ members need to know to give you honest answers

If you are coming for 10 days in January, and will be back to Spain by end of January, you are probably ok?????? just really guessing

And USCIS is not dependent on federal funds / it is paid solely by our fees

they do not hurt for money

[alexbatalla 1]

Hello,

My K1 status is the following: I am pending Spanish embassy to send me at home Package 3. The tradeshow is at the end of January, still 1 month and a half to go, I believe I will have an interview date by then.

And I am working for a Spanish consultant company and the US company needs my services in a specific tradeshow. I know I am not allowed to work when I enter with a K1 visa but I will be working for a Spanish company, not US company. I can still do my own job even it is from US if I am employed by a Spanish company right?

The tradeshow is only for a few days, but if I am lucky to have the K1 visa by then I will just enter and start the AOS process but I will be attending that trade show, is that ok?

Thanks

[Chris and ZhiJia 146]

Hello,

My K1 status is the following: I am pending Spanish embassy to send me at home Package 3. The tradeshow is at the end of January, still 1 month and a half to go, I believe I will have an interview date by then.

And I am working for a Spanish consultant company and the US company needs my services in a specific tradeshow. I know I am not allowed to work when I enter with a K1 visa but I will be working for a Spanish company, not US company. I can still do my own job even it is from US if I am employed by a Spanish company right?

The tradeshow is only for a few days, but if I am lucky to have the K1 visa by then I will just enter and start the AOS process but I will be attending that trade show, is that ok?

Thanks

This works out to your favor, you know when the Tradeshow is, and when it is time for the interview, you will receive an email asking you to log into the website and schedule an interview date. So you can choose an interview date that does not interfere with your trip to the US.

[alexbatalla 1]

Yes but my biggest fear is that most likely I won't be able to schedule it until mid January (hopefully before) because I am still waiting for the package 3. Then even if I do the interview on the 15th Jan for example, they will take my passport and I don't know for how long, maybe 5 days, maybe 2 weeks and then I would lose the tradeshow and the airplane ticket...

Thanks

[Chris and ZhiJia 146]

Yes but my biggest fear is that most likely I won't be able to schedule it until mid January (hopefully before) because I am still waiting for the package 3. Then even if I do the interview on the 15th Jan for example, they will take my passport and I don't know for how long, maybe 5 days, maybe 2 weeks and then I would lose the tradeshow and the airplane ticket...

Thanks

They usually give a 3 month window of availability for Interview scheduling, so if you got the notice tomorrow to schedule your interview, you would be able to choose from available dates in January, February, and March

Edited December 14, 2015 by Chris.M

[Boiler 45,665]

Hello,

My K1 status is the following: I am pending Spanish embassy to send me at home Package 3. The tradeshow is at the end of January, still 1 month and a half to go, I believe I will have an interview date by then.

And I am working for a Spanish consultant company and the US company needs my services in a specific tradeshow. I know I am not allowed to work when I enter with a K1 visa but I will be working for a Spanish company, not US company. I can still do my own job even it is from US if I am employed by a Spanish company right?

The tradeshow is only for a few days, but if I am lucky to have the K1 visa by then I will just enter and start the AOS process but I will be attending that trade show, is that ok?

Thanks

That does not sound like a permissible activity under the VWP.

Have you discussed this with the Company Immigration Lawyer?

[Pitaya 2,577]

Welcome to the forum.

Your K1 visa interview will occur at an overseas US Dept. of State (DOS) embassy/consulate. There are no US DOS embassy/consulates in the US.

Agree with Boiler regarding the VWP permissible travel. Review this DOS link regarding Travel Purposes Not Permitted on Visa Waiver Program (VWP): http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html To have immigration intent and use the VWP could be considered immigration fraud, and could result in immigration issues later on.

Good luck on your immigration journey.

[alexbatalla 1]

Welcome to the forum.

Your K1 visa interview will occur at an overseas US Dept. of State (DOS) embassy/consulate. There are no US DOS embassy/consulates in the US.

Agree with Boiler regarding the VWP permissible travel. Review this DOS link regarding Travel Purposes Not Permitted on Visa Waiver Program (VWP): http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html To have immigration intent and use the VWP could be considered immigration fraud, and could result in immigration issues later on.

Good luck on your immigration journey.

Hello Pitaya,

I checked the VWP link you provided me and it says I can: attend a scientific, educational, professional, or business convention or conference

So why do you think it is not legal to travel to US for business purposes?

Thanks

Edited December 14, 2015 by alexbatalla

[Pitaya 2,577]

Hello Pitaya,

I checked the VWP link you provided me and it says I can: attend a scientific, educational, professional, or business convention or conference

So why do you think it is not legal to travel to US for business purposes?

Thanks

Ah, keep reading.......... Read the section about "Travel Purposes Not Permitted on Visa Waiver Program:"

These are some examples of activities not permitted on the VWP and require visas for travel to the United States:

• study, for credit
• employment
• work as foreign press, radio, film, journalists, or other information media
• permanent residence in the United States

REF: http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html (emphasis added)

Since you have already expressed immigration intent as that you are a pending alien fiancee K1 visa beneficiary (that would likely result in permanent residence in the United States), it is likely not the best move to attempt activities that could cause immigration issues for you later on in your immigration journey.

I never said that your stated travel intentions using the VWP could be a problem. Your initial line of inquiry was about having your K1 visa interview in the US. Yes, get your K1 visa and come to the US. However, be careful if you are thinking about coming to the US via VWP, then adjusting status for permanent residence in the US, and forgoing the K1 visa process; that could be cause for concern by USCIS.

Like many things in life, the devil is in the details.

Good luck on the timing of your work and immigration schedules.

Edited December 14, 2015 by Pitaya

[Boiler 45,665]

I was under the impression you would be working at the conference not just attending?