K1, C1/D and Green Card, HELP!

[Renee Xie 0]

1. After I enter the states with k1 and get married, can I still keep my C1/D?

Hi, my name is Renee,

I'm a flight attendant from Taiwan with C1/D and B1/B2 visa.

I'm about to get my k1 in a couple days, but I don't intend to move to the US until March, 2018.
I have 6 months left on my work contract and I intended to use this time to save money while waiting for my green card.

(I quit before Feb,2018,  I'd have to pay my company certain fee, which I don't intend to do.)
My fiancé's plan and I's plan was for me to finish my contract, and hopefully by the time my contract's up, I'll have my green card and be able to move to the US and find have legal identity to look for a job right away.

However, I was informed today that once I enter the states with k1, my C1/D and B1/B2 visa will be canceled right away, 

and that it's extra steps for me if I want to leave the US after I get married or if I want to re-enter before I get my green card.

I don't intend to move to the US until March, 2018. Before that, I always thought I could just keep the C1/D, keep flying in and out on work trip to visit my fiancé as I wait for my green card. 

I fly to NY 2-3 times a month to visit my fiancé, 

but right now it seems like once I enter the states with k1, I'll have to give up my C1/D, B1/B2. 

It also means if I don't quit and just move to the states right after I get married, I won't be able to do work trips to the US until I get my green card?

 

I'm kind of lost, any sort of insight would be greatly appreciated,

Thank you

Edited August 28, 2017 by Renee Xie

[EG&XY 144]

Your plan doesn't make sense. With the k-1 visa you have to enter the us, get married, and then file for adjustment of status. When you apply for adjustment of status you will need to apply for ead and ap to allow you to work and leave and reenter the us while you wait for the green card. It will likely take 3-4 months for your ead/ap to be approved.

 

From what I understand your other visas may actually be cancelled when they issue your k-1 visa.

 

Seems that you did not completely understand the process before you started and picked the wrong visa or at least the wrong timing for your situation.

[geowrian 22,336]

Yes, typically they cancel the other NIVs when they issue a K-1. Either way, K-1 is single-use....once you enter on it, you need to marry and file for AOS (+EAD & AP). If you leave the US before getting the green card or AP, AOS will be abandoned.

 

11 minutes ago, Renee Xie said:

My fiancé's plan and I's plan was for me to finish my contract, and hopefully by the time my contract's up, I'll have my green card and be able to move to the US and find have legal identity to look for a job right away.

That's not the process for a K-1 visa. A K-1 does not grant a green card upon entry...you need to do AOS first. What you described is a CR-1/IR-1 visa, which is for spouses. That allows you to travel and work right away...a K-1 does not.

[Renee Xie 0]

Hi, EG&XY 
Thank you very much for your reply!
I know I have to enter the US to get married, 
the plan was for me to arrange around a month of vacation or longer,

enter the US with k1, get married, apply for green card, fly back home and keep working, 

and while I wait for the green card I'd still be able to take work trips to the US to see my fiancé using C1/D until I get my green card. 

I didn't intend to move there nor quit my job until the coming March.. but I really didnt know about the canceling of my C1/D. I only realized it today that this might be the reality.:(

[Lsthorpe1 129]

17 minutes ago, Renee Xie said:

1. After I enter the states with k1 and get married, can I still keep my C1/D?

Hi, my name is Renee,

I'm a flight attendant from Taiwan with C1/D and B1/B2 visa.

I'm about to get my k1 in a couple days, but I don't intend to move to the US until March, 2018.
I have 6 months left on my work contract and I intended to use this time to save money while waiting for my green card.

(I quit before Feb,2018,  I'd have to pay my company certain fee, which I don't intend to do.)
My fiancé's plan and I's plan was for me to finish my contract, and hopefully by the time my contract's up, I'll have my green card and be able to move to the US and find have legal identity to look for a job right away.

However, I was informed today that once I enter the states with k1, my C1/D and B1/B2 visa will be canceled right away, 

and that it's extra steps for me if I want to leave the US after I get married or if I want to re-enter before I get my green card.

I don't intend to move to the US until March, 2018. Before that, I always thought I could just keep the C1/D, keep flying in and out on work trip to visit my fiancé as I wait for my green card. 

I fly to NY 2-3 times a month to visit my fiancé, 

but right now it seems like once I enter the states with k1, I'll have to give up my C1/D, B1/B2. 

It also means if I don't quit and just move to the states right after I get married, I won't be able to do work trips to the US until I get my green card?

 

I'm kind of lost, any sort of insight would be greatly appreciated,

Thank you

You need to do some reasearch on the K1 visa. 

Your knowledge on it is very wobbly! 

Once your K1 visa is approved and in hand you have 90 days to get married in the USA. You can not leave (unless you want to cancel visa) Getting married does not issue you a green card. You need to file more paper work  

 

Im still learning everything myself! It's very complicated isn't it???

Good Luck with everything!!!

[geowrian 22,336]

9 minutes ago, Renee Xie said:

the plan was for me to arrange around a month of vacation or longer,

enter the US with k1, get married, apply for green card, fly back home and keep working, 

and while I wait for the green card I'd still be able to take work trips to the US to see my fiancé using C1/D until I get my green card.

I didn't intend to move there nor quit my job until the coming March.. but I really didnt know about the canceling of my C1/D. I only realized it today that this might be the reality.:(

Even if they didn't cancel your C1/D, your plan wouldn't work. If you leave the US before AOS is approved and without an approved AP, your AOS application will be deemed abandoned. There is a very small handful of exceptions for some visas, but tourist and crew visas are not part of that. Edit: Whoops...that's not even relevant here. Your entry would be on a K-1 (which also is not in those exceptions).

 

8 minutes ago, Lsthorpe1 said:

You can not leave (unless you want to cancel visa)

The visa is canceled at POE as it is single-use.

Edited August 28, 2017 by geowrian

[KULtoATL 1,551]

If your K-1 visa application has been approved and you're getting your visa in hand within the next few days, your plan to enter the US with the K-1 in March 2018 will not work. Depending on how long ago you got your K-1 medical done, your K-1 is more likely to expire way before March 2018. Also, the next time you enter the US, you'd be admitted under the K-1 and you cannot choose to use your B and C visas.

 

[Renee Xie 0]

geowrian 
Thank you for your response! I appreciate it.

 

I understand K1 doesnt grant green card upon entry, which is why I thought the 6 months left on my contract would suffice for me to wait for the granting of green card, and meanwhile I'd still be able to fly in and out to visit my fiancé until I get it. But I guess the reality is they do cancel other visas.. which is something that I never came across:(

 

[EG&XY 144]

2 minutes ago, Renee Xie said:

geowrian 
Thank you for your response! I appreciate it.

 

I understand K1 doesnt grant green card upon entry, which is why I thought the 6 months left on my contract would suffice for me to wait for the granting of green card, and meanwhile I'd still be able to fly in and out to visit my fiancé until I get it. But I guess the reality is they do cancel other visas.. which is something that I never came across:(

 

The part that you still don't understand is that once you enter on the k-1 you can not leave until you have ap (which will take 3-4 months after you file for aos), even if they didn't cancel the other visas.

 

Also, you can not leagally work during that time, until you have the ead (also 3-4 months after you file for aos).

 

This is why you plan won't work. It has nothing to do with cancelling of your other visas.

[Renee Xie 0]

KULtoATL 

Thank you for your reply! 

 

I didn't intend to enter with k1 until March 2018, 

I intended to enter with k1 within the next couple of months, get married, file for green card and then fly back and keep flying in and out with my job(C1/D) till my contract is up. March 2018 was the time that I thought I'd be granted with green card, and I'd quit and use that green card to enter the states. 

[Roel 7,191]

Once you enter on the K1 visa, you can't just leave because you have work in some other country...

This is how it looks like:

You arrive on the K1 visa.

You have 90 days to get married.

You get married.

You apply for AoS (including work and travel permit).

You cannot leave US, until you either receive your green card (about 12 - 14 months wait) or travel permit. Which is not really for going to other country to work. It's meant for short travels or emergencies.

 

Your other visas will be canceled when you receive your K1. You will have 6 months to enter US, from the moment your K1 medical exam.

 

If you just "fly back" after you file for your green card, USCIS will consider your AoS abandoned and you'll have to go through another process to immigrate to the US. Spouse visa. It will take about a year to receive that.

 

Honestly? You're either committed to move to the US, or you're not. Maybe just wait until you're ready.

Edited August 28, 2017 by Roel

[Roel 7,191]

1 minute ago, Renee Xie said:

KULtoATL 

Thank you for your reply! 

 

I didn't intend to enter with k1 until March 2018, 

I intended to enter with k1 within the next couple of months, get married, file for green card and then fly back and keep flying in and out with my job(C1/D) till my contract is up. March 2018 was the time that I thought I'd be granted with green card, and I'd quit and use that green card to enter the states. 

This makes 0 sense and you can't do that. You leave after you file for the green card, the process will be canceled and considered abandoned. You will not get any green card that way.

[Renee Xie 0]

Lsthorpe1

Thank you very much for your response!

 

I know that getting married doesnt grant me the green card, 

that's why I planned to arrange a month off to enter with k1, and take all the steps needed to file for green card, and then leave, come back in and out with C1/D until I get my green card. 

I just never came across the fact that they'd cancel my C1/D once I enter with k1... 

[KULtoATL 1,551]

@Renee Xie you really need to learn the process. To cut to the chase, you'll likely have to compensate your company because your timeline and plan simply will not work out.

[geowrian 22,336]

8 minutes ago, Renee Xie said:

I just never came across the fact that they'd cancel my C1/D once I enter with k1... 

I think you're still not getting it. Even if they somehow didn't cancel your C1/D, your plan wouldn't work. You cannot leave the US after filing for AOS until it is either 1) approved, or 2) you get AP approved (~3-4 months). Doing so abandons the AOS application and you would have to start over (via a spousal visa).

 

If being able to travel abroad (or work) right away was important, you should have done a spousal visa instead. But that's in the past now...you will need to enter & wait out AP at this point. Or get married and file for a spousal visa.

Edited August 28, 2017 by geowrian