K-1 visa - EAD and AOS timelines

[klhughes28 1]

Hi all, I'm just starting the overwhelming process of trying to join my boyfriend in the USA. Originally I was planning engagement and the K-1 visa, but now after pouring through these forums all afternoon I'm comparing to the IR1/CR1 visa. 

 

If we go down the K-1 route, and after we marry and adjust my status, how long does it usually take for the EAD to be issued? I have heard 3-6 months. There is no way in hell that I could afford to stay in the USA for 3-6 months, and then another 2-3 months on top of that between me entering the country and legally marrying my partner. How do people do it?! Do the non-US partners really not work for like 6-8 months?! I would go insane with boredom! This alone makes me want to marry ASAP!

 

Also I can't find much info on how long it takes to adjust status after marriage to become an LPR. Does anyone have any hints?

 

Thanks in advance!!

[TearsOfBabylon 1,680]

Hey!

I'm here on K1 for a month now, and all I've heard so far is ABOUT 4 months to receive the EAD after filing AOS.

If you want to work right away (or have to) you should maybe consider getting married right away and file for the CR-1 spousal visa. It's cheaper, you can work from day one on, but the process takes around 12-14 months.


Good luck to you!

[klhughes28 1]

Thanks for your reply TearsOfBabylon!! Much appreciated. 

 

What do you do with your time whilst you can't work and can't really leave the US on holiday? I know my partner's family would support me, but I am independent and would hate to rely on them. I currently have AUD$30000 saved which is obviously a good start, but I don't want to burn through my life savings when that money could be put towards better things. But maybe this is what I have been inadvertently saving for?!?!

[broppy 204]

54 minutes ago, klhughes28 said:

Hi all, I'm just starting the overwhelming process of trying to join my boyfriend in the USA. Originally I was planning engagement and the K-1 visa, but now after pouring through these forums all afternoon I'm comparing to the IR1/CR1 visa. 

That's a good start - the K-1 visa sucks. If you can cope with being married but living apart from your husband for 12-14 months, CR-1 seems a better option. You're from a VWP country, so unless you're unable to qualify for ESTA, you're allowed to visit the US, get married, then return to Oz and start the visa application process. Once the visa is issued, you will become a permanent resident as soon as you enter the US - if you have a job lined up, you can start work as soon as you leave the airport.

 

54 minutes ago, klhughes28 said:

If we go down the K-1 route, and after we marry and adjust my status, how long does it usually take for the EAD to be issued? I have heard 3-6 months. There is no way in hell that I could afford to stay in the USA for 3-6 months, and then another 2-3 months on top of that between me entering the country and legally marrying my partner. How do people do it?! Do the non-US partners really not work for like 6-8 months?! I would go insane with boredom! This alone makes me want to marry ASAP!

Yup! That's why K-1 sucks. And it gets worse - some states won't even let you have a driver's licence until you get EAD - and have laws that require new residents to get a state license within 30 days. You might be out of work and stuck at home for 6-8 months. The only benefit of K-1 is that you spend less time apart - you could move to the US after around 6 months, but then get stuck in limbo waiting for EAD for another 4-6 months or so. Another big downside is that you'll get stung for extra fees when adjusting status and then again when removing conditions - CR-1 is slightly cheaper as you'll only need to pay to remove conditions.

 

[klhughes28 1]

18 hours ago, broppy said:

And it gets worse - some states won't even let you have a driver's licence until you get EAD - and have laws that require new residents to get a state license within 30 days. You might be out of work and stuck at home for 6-8 months. The only benefit of K-1 is that you spend less time apart - you could move to the US after around 6 months, but then get stuck in limbo waiting for EAD for another 4-6 months or so. 

 

 

Thanks so much for your response!! I really appreciate it. 

 

I don't have a drivers licence (weird for a 31 year old, yes yes I know), but I know I would need to get one in the USA because they're a driving obsessed culture. So if we went the K-1 route does that mean I may not even be able to get driving lessons?! And because I don't even have a comparable Aussie licence, there is obviously no possible way that I could even get a state licence in 30 days. Gahh.

 

My partner and I have been long distance our whole relationship until we moved to New Zealand together this year, so I know I can survive without him, even though 12-14 months apart would be hard. Good excuse for holidays!

[JFH 12,189]

So is he living with you in New Zealand now? If so, the spousal visa is a no-brainer. Get married anywhere. He can stay with you whilst the paperwork is in process. The two of you then move together to the USA, you become a green card holder immediately upon arrival and have the full rights (employment, driving, etc) of a permanent resident right there and then. Honestly, the K-1 has few (if any) advantages for people from VWP countries anyway and no advantage whatsoever for couples already living together overseas. 

[klhughes28 1]

41 minutes ago, JFH said:

So is he living with you in New Zealand now? If so, the spousal visa is a no-brainer. Get married anywhere. He can stay with you whilst the paperwork is in process. The two of you then move together to the USA, you become a green card holder immediately upon arrival and have the full rights (employment, driving, etc) of a permanent resident right there and then. Honestly, the K-1 has few (if any) advantages for people from VWP countries anyway and no advantage whatsoever for couples already living together overseas. 

Yes my partner lives with me in NZ! He is on a working holiday visa here, we plan to leave in May 2018. So if we get married in New Zealand in November 2017, for example, we can still file the paperwork/start the petition whilst abroad? Then he'll go back to the USA in May 2018 and I'll go back to Australia to maybe earn some more money. It seems the CR-1 visa usually takes 12-14 months, so I could be allowed to move to the USA by December 2018 maybe?! I can also probably visit him during that time on a visa waiver, or of course we can meet in a third separate country. That means we'd really only be living apart for like 7-8 months.