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Comrie89

Cancelling K1 for a job

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I'm a Canadian in the final stages of my k1. I have my medical and interview booked for Montreal in mid-late September. However, recently a job opportunity has come up in the city I would be moving to to join my fiancé and I'm in the final interview stages,with a good shot at getting it. If I get it( they're willing to sponsor me for a Work visa or whatever is needed) is it a simple matter of cancelling the k1 and proceeding with a work visa? A job would be great, but it kinda sucks to see all the time and effort of the k1 go to waste. Thanks for any input

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Did they tell you which work visa they'd be going for for you?


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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No they haven't. It's at the same institution as my fiancé, and pat of her contract was that they would assist however they could with a spousal hire. So I assume they will do Whichever one is easier or more beneficial

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It's not exactly that simple. It'll depend on your level in the company and what they're able to petition for, etc. Some work visas, like the H1B, have an annual cap and go very quickly and are generally filed at the start of the financial year. Others, like the L1, you need to be at a certain level/have direct reports etc. and be transferring within the company. Some also don't allow for dual-intent (i.e. planning to move to the USA on a non-immigrant visa with intent to permanently settle).

Anyway - it would be worth asking them which they'd be applying for for you so you can know if it's 99% likely you'll qualify and get it, and whether it'll be faster than waiting to finish the K1 and sitting out of work while you AOS and get your EAD. It would be a shame for you to cancel the K1 only to find that you don't qualify for the work visa they want to do, or that it'll take longer.

http://canadiansinusa.com/Working-in-the-US/index.html

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I agree, I would much rather miss out on work than miss out on joining my fiancé asap. Just not a big fan of the idea of turning down work. Thanks for the info, I guess I'll just wait and see if I even get the job and go from there

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I agree, I would much rather miss out on work than miss out on joining my fiancé asap. Just not a big fan of the idea of turning down work. Thanks for the info, I guess I'll just wait and see if I even get the job and go from there

That seems reasonable. :) You don't have to do anything about the K1 right now, so you may as well see if they want to hire you and then talk to them about your options. They might even be willing to wait / re-interview you later once you move on the K1 and AOS.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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