K1 & E3 visas together?

[GeorgieB 7]

Hi everyone,

 

This may (likely) be a silly question, but I would be grateful for any advice you can give on whether it’s possible to apply for two visas at once, i.e., K1 & E3?

 

My boyfriend is American and although we have only known each other for a short time, we want to be together and are more than willing to go down the road of applying for a K1 visa, understanding that this currently takes on average 7-9 months for approval.  Being Australian, I am also potentially eligible for an E3 visa which only takes about 3-5 weeks to approve and would allow me to work in the states for 2 years. 

 

Ideally, I would like to go ahead with the K1 visa, but then am wondering whether if I received a job offer from an employer in the US during the K1 waiting period, would I be able to apply for the E3 visa also? Or instead of the K1? I do have concerns that the two visas are contradictory. The K1 obviously being the intent to marry with 90 days & stay in the US, whereas with the E3 I would have to prove that I am intending to return to Australia after 2 years.

 

We want to be with each other as soon as we possibly can, but I understand how complicated immigration can be and we want to get this right the first time.

 

Any advice would be greatly appreciated!

 

Kind regards,

Georgie

[geowrian 22,336]

Technically you can be in the process for both at the same time.

You are correct in that it's contradictory. The E-3 requires you not to have immigrant intent, whereas a K-1 implies you intend to come to the US, marry, and file for AOS.

 

If you already had an E-3 visa and then were applying for a K-1, this would be easier IMO.

[Ausa 66]

Least complicated path would be to apply for the K1 and vist the US while it is processing.