K1 Visa questions

[ptardy1 1]

So, I have a friend who has B1/B2 visa right now and expires in 2018. From my understanding with this type of visa, she cannot acquire a work authorization.

Her questions are :

Can she be here in the US, if her fiance applies for her K-1 ?

Does her B1/B2 need to expire or can it still be active ?

How long would she have to wait if entering under K-1 could she apply for employment authorization?

[Pitaya 2,577]

~Moved from IMBRA to K1 Process Forum~

~Inquiry about K1 process~

[p-ana 933]

Is she in the United States right now?

She can visit while waiting for the k1, but she should not overstay. She will need to go back to her country to go through medical and interview.

When she gets her k1, her b1/b2 will be canceled without prejudice.

She needs to marry, get her marriage certificate and file for adjustment of status. After filing, it should be around 3 months before she can get her work authorization. It can take longer though.

Edited June 30, 2016 by p-ana

[LionessDeon 2,060]

She can visit with a valid visitor visa. Just beware it is possible to have entry issues if they are concerned about her intention to immigrate. She should have documents of her plans to return home. The visitors visa does not need to be cancelled to file the K1.

For timeframes once she arrives on the K1 for AOS, EAD, and AP you can get those from the guides. She must marry within 90 days, file AOS, and it takes approximately another 90 days to receive EAD. She's looking at several months.

http://www.visajourney.com/content/guides

Edited June 30, 2016 by LionessDeon

[ptardy1 1]

No she just left the US last month.

Is she in the United States right now?

She can visit while waiting for the k1, but she should not overstay. She will need to go back to her country to go through medical and interview.

When she gets her k1, her b1/b2 will be canceled without prejudice.

She needs to marry, get her marriage certificate and file for adjustment of status. After filing, it should be around 3 months before she can get her work authorization. It can take longer though.