PH to USA K1 or I-40 Work Visa?

[Xavi17 0]

Hello!

First time poster. I am from the US (28M) and have been together with a filipina for some time. I have been to PH twice and she has come to the US once to see me, but 2 times before that for a total of 3 US visits. 

 

My filipina girlfriend already has a US Tourist 10 year visa and she's had it since 2015. 

Since we are getting serious, is it better to go through the K1 Marriage Visa? Or is it better for her to apply for an employment visa? She is concerned about wanting to work ASAP once she gets to the US. 

 

Another question: If we are in the process of getting another visa, can she still travel to the US on her current Tourist Visa?

 

Any help would be appreciated!

[Crazy Cat 39,187]

If working immediately upon arrival is important, then I would strongly suggest you consider marrying and starting the CR-1 process:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[Cyberfx1024 7,978]

2 minutes ago, Xavi17 said:

Hello!

First time poster. I am from the US (28M) and have been together with a filipina for some time. I have been to PH twice and she has come to the US once to see me, but 2 times before that for a total of 3 US visits. 

My filipina girlfriend already has a US Tourist 10 year visa and she's had it since 2015. 
Since we are getting serious, is it better to go through the K1 Marriage Visa? Or is it better for her to apply for an employment visa? She is concerned about wanting to work ASAP once she gets to the US. 

Another question: If we are in the process of getting another visa, can she still travel to the US on her current Tourist Visa?

Any help would be appreciated!

I would look in to getting married and file for a CR1 visa for her. The time difference between a K1 and a CR1 is not that different these days, and it will allow her the ability to work right away when she comes here.

 

Also since she already has her tourist visa then she can come and go as she pleases. 

Just now, missileman said:

If working immediately upon arrival is important, then I would strongly suggest you consider marrying and starting the CR-1 process:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

You beat me by 10 seconds

[Unlockable 7,306]

35 minutes ago, Xavi17 said:

Hello!

First time poster. I am from the US (28M) and have been together with a filipina for some time. I have been to PH twice and she has come to the US once to see me, but 2 times before that for a total of 3 US visits. 

 

My filipina girlfriend already has a US Tourist 10 year visa and she's had it since 2015. 

Since we are getting serious, is it better to go through the K1 Marriage Visa? Or is it better for her to apply for an employment visa? She is concerned about wanting to work ASAP once she gets to the US. 

 

Another question: If we are in the process of getting another visa, can she still travel to the US on her current Tourist Visa?

 

Any help would be appreciated!

The above in bold is all we need to know. Go over there and get married and file the CR1. The K1 absolutely sucks for people who are looking to assimilate immediately. You can see the cons of the K1 as @missileman graciously outlined.

 

The work visa is not as easy are you think for her to get.

 

Edited to add (eta): Yes she can travel to the US on her current tourist visa. But be advised that she must show proof of her intention to return home like a return ticket. If a POE office has even the slightest suspicion that she is using the tourist visa to come over here and adjust, she will be denied entry. So things like staying in the US for months at a time or not having return plans is an easy way for her to loose that visitor visa.

Edited July 8, 2019 by Unlockable

[Xavi17 0]

Much appreciated everyone! 

 

This helps tremendously. We plan on marrying next year. I've got a good footing of what to do next.

[Crazy Cat 39,187]

3 minutes ago, Xavi17 said:

Much appreciated everyone! 

 

This helps tremendously. We plan on marrying next year. I've got a good footing of what to do next.

She could even travel here via her B2, marry you in Las Vegas (as an example), then return to PI for the CR-1 process.  Visiting during the process is allowed as @Unlockable stated above.

Edited July 8, 2019 by missileman

[HRQX 4,145]

40 minutes ago, Xavi17 said:

She is concerned about wanting to work ASAP once she gets to the US.

Best route is to marry in Hong Kong. She can travel visa-free to Hong Kong. Then start the CR-1 process.

42 minutes ago, Xavi17 said:

If we are in the process of getting another visa, can she still travel to the US on her current Tourist Visa?

The B-1/B-2 remains valid. Each entry is at CBP's discretion.

[HRQX 4,145]

2 minutes ago, missileman said:

She could even travel here via her B2, marry you in Las Vegas (as an example), then return to PI for the CR-1 process.

Yup:

 

[Boiler 43,396]

1 hour ago, Xavi17 said:

Hello!

First time poster. I am from the US (28M) and have been together with a filipina for some time. I have been to PH twice and she has come to the US once to see me, but 2 times before that for a total of 3 US visits. 

 

My filipina girlfriend already has a US Tourist 10 year visa and she's had it since 2015. 

Since we are getting serious, is it better to go through the K1 Marriage Visa? Or is it better for her to apply for an employment visa? She is concerned about wanting to work ASAP once she gets to the US. 

 

Another question: If we are in the process of getting another visa, can she still travel to the US on her current Tourist Visa?

 

Any help would be appreciated!

There is a lot to be said for a work visa, which one?, is her Employer looking at transferring her?

[JE57 239]

1 hour ago, HRQX said:

Best route is to marry in Hong Kong. She can travel visa-free to Hong Kong. Then start the CR-1 process.

The B-1/B-2 remains valid. Each entry is at CBP's discretion.

Not clear that there are circumstances here that would make marrying in Hong Kong helpful or necessary.  Hong Kong also has requirements (registration etc) that are necessary before one can marry here.    USA wedding or Philippines wedding seems better unless there are extenuating circumstances.

[HRQX 4,145]

20 minutes ago, JE57 said:

Not clear that there are circumstances here that would make marrying in Hong Kong helpful or necessary.

IMO, the quickest marriage is in Las Vegas. An alternative is marriage in Hong Kong.

[Hank_ 9,171]

8 hours ago, Xavi17 said:

Hello!

First time poster. I am from the US (28M) and have been together with a filipina for some time. I have been to PH twice and she has come to the US once to see me, but 2 times before that for a total of 3 US visits. 

 

My filipina girlfriend already has a US Tourist 10 year visa and she's had it since 2015. 

Since we are getting serious, is it better to go through the K1 Marriage Visa? Or is it better for her to apply for an employment visa? She is concerned about wanting to work ASAP once she gets to the US. 

 

Another question: If we are in the process of getting another visa, can she still travel to the US on her current Tourist Visa?

 

Any help would be appreciated!

You already have numerous posts stating the IR/CR-1, I-130 visa would be the better move.  And you can add me to that list.

 

Get married during one of her visits to the USA.  I suggest getting married in the USA as you can start the I-130 petition much quicker than getting married in the Philippines.   Check the requirements for marriage in your state, but for quickest I would guess Las Vegas, NV would take top honors.     (no benefit to marrying in HK)

 

Can she still travel to the USA during the process?   As long as her Tourist Visa is still valid she can travel to the USA.

 

https://www.visaconnection-philippines.com/uscis-petition-process.html

 

https://www.uscis.gov/i-130

Edited July 8, 2019 by Hank_

[Xavi17 0]

So the best bet is to get married in Las Vegas.

 

I live in Southern California so that will be easy. Once we marry, can she stay here because she has her tourist visa? Like as in can she stay here while we process the CR-1 paperwork?

 

Or does she have to return back to the Philippines?

[HRQX 4,145]

2 minutes ago, Xavi17 said:

Or does she have to return back to the Philippines?

Return before her I-94 expires.

[Cyberfx1024 7,978]

16 hours ago, Xavi17 said:

So the best bet is to get married in Las Vegas.

 

I live in Southern California so that will be easy. Once we marry, can she stay here because she has her tourist visa? Like as in can she stay here while we process the CR-1 paperwork?

 

Or does she have to return back to the Philippines?

She will have to return back before her I94 expires