Questions about AOS (& Adv Parole & EAD)

[fs2439 46]

Does she have a work sponsor in the US? Could she apply for an H1B in the interim? Something to ask a lawyer as might be considered some form of dual intent that would jeapordize your case - a lawyer would need to advise on that. Also, this would probably only help her to work, but not travel before AP

Edited January 24, 2020 by fs2439

[Just Paul 4,591]

11 minutes ago, fs2439 said:

Could she apply for an H1B in the interim?

H1B will take way over a year and has to have a sponsor and win the H1B lottery.

 

EAD can be expedited with a job offer and an economic reason.

[HRQX 4,145]

14 hours ago, David and Anna said:

We also have a slight preference for getting married in the USA.

You can marry in the US. Then she waits for CR-1 process abroad:

She can visit (subject to CBP's discretion) while she is waiting:

Polish citizens can visit the US as VWP travelers. You can marry in the US on a VWP visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

Quote

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

 

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

[Cheschirecat 176]

13 hours ago, David and Anna said:

Thank you again ^^

 

Yikes, ~500 days, or 16 months...too long! I guess that's why we went with K-1...

 

I'll post here after I speak to her tonight about the ~6 month "forced vacation" in the USA she must endure 🙂

 

If she is okay with that, we will stay on the K-1 path...

 

If not, we will try to blitz the London NCF option (unlikely, but I'll try).  Otherwise plan B or C...we just want to be together someplace.  The USA is choice one, but we don't want to have to be apart and otherwise suffer just to get there...there are lots of nice places to live and we have tried a few, may have a total rethink given the bureaucratic nonsense/delays we are facing with the USA process. (don't even get me started on how duplication the 129 and 134 and 485 forms are...the same info entered multiple times...if my businesses had broken processes like that, I wouldn't be retired now!)

Well it would take longer, but you will probably only get a. 2 year green card with K1 then have to apply again to get the 10 year, so I have to agree CR-1 seems superior. We didn’t have that choice because we are B2-AOS so, we have our 2 year and then in 21 months pay out more money and get the 10yr with prices on the rise in the next few months 

[Duke & Marie 1,389]

15 hours ago, David and Anna said:

 

well, actually a lot of immigration rules are designed to help the economy (both now and historically).  Not hard to find examples...

 

Her country is surprisingly easier than this (except for the language barrier) as I understand it (after a fair bit of research).  MOST other countries I've looked into have a concept of a "resident card" that is time limited and far easier to get than a green card (no, not like our 2-year limit for new marriages).  That is what most immigrating spouses get when going to those countries...and thus its not near the work that a GC is.

 

Look, I love my country (and have lived in several others so I have a fair basis of comparison), but that doesn't mean I can't criticize it when warranted.  And it also doesn't mean that it merely be better than other countries to be loved.  But this thread shouldn't be about that.  I'll attempt to refrain from  pointing out any obvious issues with our immigration system.

 

EDIT:  but the whole point of the existence of the AP and EAD is to allow for travel and work while waiting for the GC.  If there is a long time to AP/EAD - up to near the GC anyways in some cases we are told - then obviously the system isn't working as designed or even to any benefit.

I think one way to look at it is..

- why would a fiancé on a k1 be permitted to enter faster than a wife on CR1 &

- why should the fiancé be permitted to work and travel without restriction, when the wife has to undertake additional vetting during CR1 process in order to be able to work when she arrives?

 

hence the draw backs to k1 or may as well merge the two visa types 

 

 

[Scandi 3,977]

I'm still confused about the number of people who come on here and are SURPRISED by the choices they made and the rules that goes along with those choices. Some people need to research their options better before making such an important decision, the information is extremely clear both here on USCIS for anyone who can read.

[Just Paul 4,591]

59 minutes ago, Scandi said:

I'm still confused about the number of people who come on here and are SURPRISED by the choices they made and the rules that goes along with those choices.

I am even more surprised when they have ESTA

 

59 minutes ago, Scandi said:

Some people need to research their options better before making such an important decision, the information is extremely clear both here on USCIS for anyone who can read.

Yup they don't look at the total cost of time, money and emotion.  

[Orangesapples 1,954]

1 hour ago, Scandi said:

I'm still confused about the number of people who come on here and are SURPRISED by the choices they made and the rules that goes along with those choices. Some people need to research their options better before making such an important decision, the information is extremely clear both here on USCIS for anyone who can read.

To be fair, people might not be surprised by the rules but by their reactions to the reality of the situation. Some people might think that not being able to work is not a huge deal and then they realize that it's way harder than it seemed. Or they don't realize how different it is to move somewhere for marriage as opposed to moving for school for example. It's really hard to explain to someone who has never gone through it. 

[SalishSea 16,878]

18 hours ago, David and Anna said:

 

well, actually a lot of immigration rules are designed to help the economy (both now and historically).  Not hard to find examples...

 

Her country is surprisingly easier than this (except for the language barrier) as I understand it (after a fair bit of research).  MOST other countries I've looked into have a concept of a "resident card" that is time limited and far easier to get than a green card (no, not like our 2-year limit for new marriages).  That is what most immigrating spouses get when going to those countries...and thus its not near the work that a GC is.

 

Look, I love my country (and have lived in several others so I have a fair basis of comparison), but that doesn't mean I can't criticize it when warranted.  And it also doesn't mean that it merely be better than other countries to be loved.  But this thread shouldn't be about that.  I'll attempt to refrain from  pointing out any obvious issues with our immigration system.

 

EDIT:  but the whole point of the existence of the AP and EAD is to allow for travel and work while waiting for the GC.  If there is a long time to AP/EAD - up to near the GC anyways in some cases we are told - then obviously the system isn't working as designed or even to any benefit.

Is there a reason, when you were doing your visa research, why you chose the K-1 over the CR-1?  With the CR-1 you would have avoided this very issue.