Past Employment In Europe wirh tourist visa

[chordtones 3]

Hello everybody, for the past 6 weeks I have been working on getting everything together for our K-1 visa application. I am ready to send it, but I am afraid we may have problems.. maybe someone can help? Background:  I have known my Fiancee for more than a year,  we got engaged in August 2019, and I have visited her 4 times (2 times in Brazil 2 times in Europe)  My Fiancee worked on and off for the past 5 years in Europe while overstaying tourist visas, she was paid directly without work visas by her employers. First job 2015-2017 back to Brazil for a few months back in Europe second Job 2017-2018 back to Brazil for a couple of months return to Europe 3rd job 2019-2020   She never had any problems with entry or departure of Europe or legal issues with immigration. She has never been arrested anywhere.  We have lots of pics including when we got engaged in Italy and Switzerland in the application.  She is now back home in Brazil, and is going to stay there until our K -1 approved. I am her petitioner and a US citizen. We were advised to include all of her employment history in Europe in the application, work history as a nanny, in home care giver for elderly woman and house cleaner. She has never been to the US. Are we going to have any problems or get denied? Is the K-1 the best way to go? Thanks in advance!

[Boiler 43,787]

With her focus on needing to work the K1 is not an obvious choice.

[chordtones 3]

You think the application will be denied?

[Greenbaum 12,258]

@Boiler is recommending that you look at the IR-1 / CR-1 Spouse Visa and not the K-1 as the CR1 will give her a Green Card allowing her to work almost immediately upon entering the US. The caveat here is that you first need to marry then file.

 

If she wasn't banned from any country with overstays then she can have a million jobs and it doesn't affect the visa process.

 

 

Edited April 14, 2020 by Greenbaum

[Unlockable 7,306]

4 hours ago, chordtones said:

You think the application will be denied?

Her work history from another country will likely not be an issue.

 

The problem is the K1 sucks. If your fiance wants to work immediately in the US it is better to go the spousal visa route. Your fiance will not be able to work in the US for a long time if she comes on the K1. Not only that, she will not be able to travel back home or other countries and she may even have problems getting a driver's license. This is some of the biggest issues with the K1. It will take anywhere from 6 to 10 months before she is able to do any of those things. So the big question is... are you and her OK with her sitting at home for 9 months without working?

 

With the spousal visa, she will be able to start working the same day she steps foot in the US. Also, the spousal visa is cheaper.

 

Something for your to consider. With everything being put on hold now, it is still going to be a great deal of time before she is in the US. Might as well go for the complete package (spousal visa).

[chordtones 3]

I appreciate everybody's input, this feedback helps me feel more at ease. Yes we have considered the spousal visa, but I think we are going to go ahead with the K 1. She does not need to be employed immediately upon arrival,  I am actually planing on going to Brazil this fall to stay with her until we get approved.

 

Thank you!

 

[Boiler 43,787]

1 hour ago, chordtones said:

I appreciate everybody's input, this feedback helps me feel more at ease. Yes we have considered the spousal visa, but I think we are going to go ahead with the K 1. She does not need to be employed immediately upon arrival,  I am actually planing on going to Brazil this fall to stay with her until we get approved.

 

Thank you!

 

Do take into account the need to maintain a US Domicile and how you deal with the financial aspects of sponsorship.

[Calicolom 265]

10 hours ago, Unlockable said:

Her work history from another country will likely not be an issue.

 

The problem is the K1 sucks. If your fiance wants to work immediately in the US it is better to go the spousal visa route. Your fiance will not be able to work in the US for a long time if she comes on the K1. Not only that, she will not be able to travel back home or other countries and she may even have problems getting a driver's license. This is some of the biggest issues with the K1. It will take anywhere from 6 to 10 months before she is able to do any of those things. So the big question is... are you and her OK with her sitting at home for 9 months without working?

 

With the spousal visa, she will be able to start working the same day she steps foot in the US. Also, the spousal visa is cheaper.

 

Something for your to consider. With everything being put on hold now, it is still going to be a great deal of time before she is in the US. Might as well go for the complete package (spousal visa).

Not paying taxes on the income could be.