Fiance About to Receive K-1 Visa(merged)

[Roel 7,191]

Just now, ManOnMoon said:

yes 12-14months is a very long time, but 5-6 months of doing nothing is also painful...

Well it was your decision to file for k1 visa. It was your responsibility to learn about k1 and AOS process (also roc, that's another step). It is very clear that k1 applicants cant work upon arrival in the US and processing times for all forms (including ead) are available on USCIS website. 

 

 

[payxibka 10,044]

2 minutes ago, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

Not the USCIS's concern

[payxibka 10,044]

5 minutes ago, ManOnMoon said:

NVC, the interview is all done

NVC isn't involved in the K-1 other than to forward to the consulate.  So she already has had the interview at the Consulate in HK

[John & Rose 7,237]

5 minutes ago, ManOnMoon said:

NVC, the interview is all done

Keep in mind that CR-1 has time restrictions too.  I didn't read the other thread but it seems that maybe you went into this without understanding how it all works.  You can't withdraw an approved petition but you can wait for it to die.  The CR-1 may be challenging to fill out since you were approved and elected not to fulfill the requirements.  

 

[John & Rose 7,237]

Just now, payxibka said:

NVC isn't involved in the K-1 other than to forward to the consulate.  So she already has had the interview at the Consulate in HK

Consular Services is part of the State Department as is NVC.  I thought that technically, NVC does approve and deliver the visas.

[Lucky2Lucky 2,526]

12 minutes ago, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

What all our spouses did that came in on k1... wait. Learn English, become familiar with her new home/surroundings, watch a whole lotta Netflix, volunteer. If your fiancés country is completely different from the USA she can use this time to adjust. 

[payxibka 10,044]

Just now, John & Rose said:

Consular Services is part of the State Department as is NVC.  I thought that technically, NVC does approve and deliver the visas.

Nope.  Visas are issued by the foreign post.  

 

The primary function of NVC is to be a repository of approved petitions until eligible visas number becomes available, at which time they retrieve from the archive and begin the collection of evidence (this is for IR visas) and then forward to the issuing post for completion.

 

For K-1's it is immediately forwarding to the issuing post

[Randyandyuni 2,682]

32 minutes ago, ManOnMoon said:

Is there anyway to expedite AP/EAD, 4-6months of not doing anything seems like a very long time. 

I would expect closer to 6+months for EAD

[Jenny17655 283]

19 minutes ago, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

knit sweaters

[USS_Voyager 1,971]

38 minutes ago, ManOnMoon said:

Does elderly mother count? Her mom is old and she needs to take care of her this year while her sister is in school. 

That's not really an emergency. 

An emergency would be her mom is dying and her dying wish is to see her daughter once last time. You probably have to get the doctor's note saying that the mom is terminally ill or something. And even that, their answer might even be "well, she can Facetime her or something". I'm sorry to sound so unsympathetic, but that is how USCIS will view it. The part about Facetime was joking, but you understand what I mean. 

[USS_Voyager 1,971]

Well, you know, there are people in worse situation. The spouses of H1B workers who are on H4  can't work at all, period, unless the H1B has a pending I-140, and even that is on shaking ground as the Trump administration is trying to abolish the H4 EAD. There are thousands of H4 spouses in the US who have advanced degrees and can't work at all. Some have stayed to many many years...

[C90 376]

57 minutes ago, ManOnMoon said:

My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

Did you educate yourself on this process before you started it? There's guides here (top of the page) that you should read. Here's the one for AOS from K1: https://www.visajourney.com/content/k1k3aos

 

She will be fingerprinted at the airport, but that's not her biometrics for AOS/EAD/AP. She'll have to go in for that after she applied (she'll get a letter) 

 

AOS depends on your local field office. Some are quick, some take 33 months to process. 

 

She can't fly back to Hong Kong after getting married, and even with AP it's not a good move to go back and live in Hong Kong to wait for AOS, since Green Cards are for people that actually want to live here, not for people that want to have an easy way into the US (it sounds a little cru, but it is the harsh truth)

[payxibka 10,044]

50 minutes ago, ManOnMoon said:

Does elderly mother count? Her mom is old and she needs to take care of her this year while her sister is in school. 

We all have this situation somewhere in the family.   As harsh as it might be, not likely to be compelling

[Paul & Mallory 1,398]

42 minutes ago, ManOnMoon said:

yes 12-14months is a very long time, but 5-6 months of doing nothing is also painful...

By "5-6 months of doing nothing", do you mean the fact that the beneficiary cannot work immediately under a K1? If so.... that's still an unfair comparison, IMO.

 

12-14 months of being apart again, versus 5-6 months of being together and being able to do PLENTY of things.. just not work right away...? Eh.

 

FYI, depending on where you are stateside and other factors, green cards and work permits may not take as long as 6 months.

[C90 376]

42 minutes ago, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

Take an English class (if their English is poor or they feel it can be improved to be able to get a job here), Netflix, read books, explore the city, look into getting a DL (some states you can get a license before EAD and even if its after, its good to have all the info so she can be on top of it), pursue a hobby, work on her resume etc. etc. etc. 

We've all done it, it's the choice you make by going K1 instead of CR1/IR1.