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Hi. I was googling how I can seek immigration advice without referring to a lawyer and I came across this website. I am in a bit of a complicated situation that I hope I can get assisted with.

 
My K1 recently got approved 2 months ago. The reason we chose to go the K1 route is when we get married we wanted to be among our friends and family in the US, since most, if not probably none of them, would be able to travel for 12 hours for our wedding.
 
I did not do much research on what to expect for the AOS process after I get married (which is my fault). One thing that stood out to me was how I won't be able to work for 5-6 months. 
 
I recently got promoted to project manager at an engineering company. Me going 6 months without employment would be career suicide. For the engineering field, if anyone here is aware, the longer you are out of work, the longer  it will take to get back in the field. And due to the time off, I might not even be able to work as a project manager which I've worked really hard to get. 
 
I have been working since the age of 17. I am now 33. I am not sure how sitting on the sideline while not making any income for myself for half a year will affect my mental health. I know I won't be happy. And it won't be fair for my fiance to take the financial burden and whatever stress I would have to cope with.
 
Can I go to the US, marry my fiance, and instead of adjusting status... come back to my home country and file CR-1?  
 
I'm aware that I would have to wait at least a year for the CR1. Had I done my research ahead of time we would have probably chose to go that route instead.
 
Please advise. Thank you. 

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1 minute ago, adam2016 said:

Can I go to the US, marry my fiance, and instead of adjusting status... come back to my home country and file CR-1?

Yes you can do that but . . .

You can ask for an expedited EAD with a job offer.  Marry quickly, file the AOS package quickly, and you can probably cut that time down significantly.

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

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October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: AOS (apr) Country: New Zealand
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What part of the US are you heading for?  Depending on the region (West Coast/East Coast) and your skill set, you may be able to receive a job offer in writing and expedite the EAD.  My husband's was approved at this time last year after 4.5 months, without an expedite.  

 

YMMV

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Filed: K-1 Visa Country: Wales
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I certainly would not assume an Expedite would be granted.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ghana
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25 minutes ago, adam2016 said:
I recently got promoted to project manager at an engineering company. Me going 6 months without employment would be career suicide. For the engineering field, if anyone here is aware, the longer you are out of work, the longer  it will take to get back in the field. And due to the time off, I might not even be able to work as a project manager which I've worked really hard to get. .
 

I happen to be a structural engineer myself. Which country are you coming from? I am asking because unless you’re coming from an affluent western country, your previous experience will be largely discounted so sitting home six months will have little to no negative impact on your career prospects in the USA anyway.

 

30 minutes ago, adam2016 said:

Can I go to the US, marry my fiance, and instead of adjusting status... come back to my home country and file CR-1?  

If you have a visa or qualify for visa waiver, yes you can. If you’re planning to use your K visa essentially as a visitor visa, I don’t know if that can be considered misrepresentation/fraudulent because the intent is different. I will defer that opinion to an experienced immigration attorney.


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

مواطن من العالم

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2 hours ago, Paul & Mary said:

Yes you can do that but . . .

You can ask for an expedited EAD with a job offer.  Marry quickly, file the AOS package quickly, and you can probably cut that time down significantly.

 

I checked the EAD expedite requirements on the USCIS website and it says that it may be considered due to "severe financial loss to a company or a person". Neither my fiance nor I fall under that category. Can I still request an expedite with only an offer letter?

 

2 hours ago, Jorgedig said:

What part of the US are you heading for?  Depending on the region (West Coast/East Coast) and your skill set, you may be able to receive a job offer in writing and expedite the EAD.  My husband's was approved at this time last year after 4.5 months, without an expedite.  

 

YMMV

New Jersey

 

1 hour ago, Ray.Bonaquist said:

I happen to be a structural engineer myself. Which country are you coming from? I am asking because unless you’re coming from an affluent western country, your previous experience will be largely discounted so sitting home six months will have little to no negative impact on your career prospects in the USA anyway.

I am coming from Dubai. I work for ABB which is a multinational German engineering company. You might have heard of it. 

 

1 hour ago, Ray.Bonaquist said:

If you have a visa or qualify for visa waiver, yes you can. If you’re planning to use your K visa essentially as a visitor visa, I don’t know if that can be considered misrepresentation/fraudulent because the intent is different. I will defer that opinion to an experienced immigration attorney.

Well my intention would be to marry my fiance which is what I'll be doing. Isn't that the point of the K1? I wouldn't be going for tourism purposes or going to not get married. 

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Filed: Citizen (apr) Country: Ghana
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1 hour ago, adam2016 said:

I am coming from Dubai. I work for ABB which is a multinational German engineering company. You might have heard of it. 

 

 

You’re in good shape. Doesn’t get much better than ABB.

 

Quote

Well my intention would be to marry my fiance which is what I'll be doing. Isn't that the point of the K1? I wouldn't be going for tourism purposes or going to not get married. 

In this day and age of anti-immigrant sentiment and government policy in the USA, I would say tread cautiously although I agree your purpose matches the K1. Some overzealous CBP officer at your POE might claim otherwise.


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

مواطن من العالم

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20 minutes ago, Ray.Bonaquist said:

 

You’re in good shape. Doesn’t get much better than ABB.

So now you can see the kind of dilemma that I'm in 

 

20 minutes ago, Ray.Bonaquist said:

In this day and age of anti-immigrant sentiment and government policy in the USA, I would say tread cautiously although I agree your purpose matches the K1. Some overzealous CBP officer at your POE might claim otherwise.

Ugh... I really don't know what to do now.  

This is so aggravating. They say they want hard working self sufficient immigrants who won't be a burden to the tax payer. Yet they make people shoot themselves in the foot and wait 6 months to be able to work? How does that make any sense?

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2 hours ago, adam2016 said:

This is so aggravating. They say they want hard working self sufficient immigrants who won't be a burden to the tax payer. Yet they make people shoot themselves in the foot and wait 6 months to be able to work? How does that make any sense?

Only the K1ers and Adjusters from other non-immigrant visas have to go through that. You had the option of going the spousal visa route which would have allowed you to work the same day you step foot in the US. You admitted that this was a key point you overlooked.

 

Quote

How does that make any sense?

Because you have to understand how the process works. The K1 visa is a NON-immigrant visa which means when you arrive, you have absolutely no residency status. So you don't qualify for benefits like authorization to work. Also, because the K1 is a non-immigrant visa it is heavily contingent on things like you marrying a US citizen within a certain amount of time (90 days). If you do no fulfill those obligations, you become ineligible to adjust status based on it. That means you can come to the US and never marry your fiance (and trust me, we have seen many cases of this happening here on VJ). If immigration were to immediately give K1 visa holders the work authorization without proof that they fulfilled their obligations of the visa, it would lead to a high amount of fraud where people would find a "fiance" to petition for them, come to the US to work, but never marry their fiance.

When you are already married to a US citizen, you are processed for eligibility to be a permanent resident while you are waiting, so that is why the spousal visa is much more superior than the fiance visa.

 

You still have options. And it is good that you are doing your research. So many times we have seen people get blinded by the "K1 is faster" point that they overlook the huge shortcomings of that visa. Because of your profession, I would say either the spousal visa or attempting to expedite your work authorization would be the way to go.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: AOS (apr) Country: Russia
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4 hours ago, Unlockable said:

If immigration were to immediately give K1 visa holders the work authorization without proof that they fulfilled their obligations of the visa, it would lead to a high amount of fraud where people would find a "fiance" to petition for them, come to the US to work, but never marry their fiance.

The only reason K-1 visa holders can't get an EAD on the K-1 (rather than from AOS) is because processing takes too long (it's completely legal to file for it), so I think you're incorrect about this. Also, I'm not aware of a significantly higher amount of fraud happening with fiance(e)s in the past when it was possible to get an EAD stamp at POE.


K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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Filed: AOS (apr) Country: New Zealand
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9 hours ago, adam2016 said:

This is so aggravating. They say they want hard working self sufficient immigrants who won't be a burden to the tax payer. Yet they make people shoot themselves in the foot and wait 6 months to be able to work? How does that make any sense?

Excellent point.  Totally agree.

 

I don't know anything about your field, but with your current employment at that German firm, would you be able to get a job offer from overseas?  The fact that an American company would not have to petition you for a work visa could be in your favor.

 

There is no guarantee of getting an expedited EAD without the "severe financial loss" component, but as @Boiler often says, it is free to apply, so why not?

Edited by Jorgedig

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Filed: AOS (apr) Country: Nigeria
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18 hours ago, adam2016 said:

Hi. I was googling how I can seek immigration advice without referring to a lawyer and I came across this website. I am in a bit of a complicated situation that I hope I can get assisted with.

 
My K1 recently got approved 2 months ago. The reason we chose to go the K1 route is when we get married we wanted to be among our friends and family in the US, since most, if not probably none of them, would be able to travel for 12 hours for our wedding.
 
I did not do much research on what to expect for the AOS process after I get married (which is my fault). One thing that stood out to me was how I won't be able to work for 5-6 months. 
 
I recently got promoted to project manager at an engineering company. Me going 6 months without employment would be career suicide. For the engineering field, if anyone here is aware, the longer you are out of work, the longer  it will take to get back in the field. And due to the time off, I might not even be able to work as a project manager which I've worked really hard to get. 
 
I have been working since the age of 17. I am now 33. I am not sure how sitting on the sideline while not making any income for myself for half a year will affect my mental health. I know I won't be happy. And it won't be fair for my fiance to take the financial burden and whatever stress I would have to cope with.
 
Can I go to the US, marry my fiance, and instead of adjusting status... come back to my home country and file CR-1?  
 
I'm aware that I would have to wait at least a year for the CR1. Had I done my research ahead of time we would have probably chose to go that route instead.
 
Please advise. Thank you. 

 

You can get your EAD in less than 4 months.

 

I got mine in exactly 3 months and 10 days........and i got a job same month i got my EAD in the mail.

 

I don't believe not working for 4 months is a career suicide.

 

 

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From Dubai, global engineering senior project manager, also.

I feel your pain. Had the same set of issues as you do now.

Decided to do the CR-1 for exactly the reasons you noted. (My spouse did a TON of research for years.)

 

Luckily, my firm had 100 offices in the US, and they let me choose to transfer to any US office of our choice. (Picked Tampa.)

 

If you cannot relocate your existing job, then you are going to have to give up your current job at some point no matter what.

If you need the money, get married in the US, go back home, keep making the money, and file CR-1 when you get back.

Certainly given the fact you might have to totally give up the job anyway, and it could take time to get authorized in a new job in the US anyway, if you do need the money.

If you don't need the momey, then don't worry about the money. Just do the K1 and stay in America.

You will find plenty of things to keep you busy, mentally, and otherwise. AND you will be with your honey, so WIN WIN.

A few months of unemployment, if it came to that, would not derail your career.

You can explain to any immigration officer what and why you did what you did, and to any future employer too. It is not hard to understand.

 

(What IS harder to understand is, if you are a project manager, how did you NOT see THIS coming (K1 vs CR-1). smile  But that is another issue...smile.)

 

You are where you are. You are going to make some sacrifices to make the move. Choose the least painful path and move forward boldly.

Cheers!

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married...It always brings a smile to our face!  So many great memories...

 

First Night in the US - Waikiki Beach, Honolulu, Hawaii, 2012

Wedding - On the beach, Honolulu, Hawaii, 2016

Honeymoon - At the hotel in the photo, Waikiki, Honolulu, Hawaii,  2016

They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

 

Spouse's previous primary residence was down the street - Waikiki, Honolulu, Hawaii

Spouse had hung out there with celebrities from the movie The Fifth Element back when he moved to Hawaii in 1999.

Was considered for a cast member for the TV show, The Last Resort, shot out of Hawaii in 2012.

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread is moved from the K-1 Process forum to the "AOS from K Visas" Case Progress subforum -- OP already has K-1 approval and is inquiring chiefly about EAD-related matters.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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"Just do the K1 and stay in America." 

By that I meant, just use the K1 you already have....obviously.


Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married...It always brings a smile to our face!  So many great memories...

 

First Night in the US - Waikiki Beach, Honolulu, Hawaii, 2012

Wedding - On the beach, Honolulu, Hawaii, 2016

Honeymoon - At the hotel in the photo, Waikiki, Honolulu, Hawaii,  2016

They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

 

Spouse's previous primary residence was down the street - Waikiki, Honolulu, Hawaii

Spouse had hung out there with celebrities from the movie The Fifth Element back when he moved to Hawaii in 1999.

Was considered for a cast member for the TV show, The Last Resort, shot out of Hawaii in 2012.

 

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