Seeking Advice Re: Job Resignation Pending Approval of AOS from K1 Visa

[pocccco 4]

My Fil-Am partner and I are planning to apply for a K1 fiance visa this year and get married thereafter. However, I’m at a loss as to when I should quit my current job.

 

Currently, I’m working full-time here in the Philippines. I’m also the breadwinner of my family. Through my current employment, I’m able to fund my parents and siblings. However, knowing that K1 visa and AOS applications may take a year or more, I’m not sure when to resign — should it be right after I receive my K1 visa?

 

Or should it be after my AOS is granted? I read that I could travel outside of the US and return here after getting married pending AOS application as long as I get an approved Advanced Parole. Perhaps I could take a month and a half leave from work then return here while waiting for my green card. The problem with this scenario, though, is that an application for Advanced Parole takes months. I doubt my employer here would grant me paid leave for that long.

 

Needless to say, I’m afraid of losing a steady source of income and eating up all of our savings as I prepare to move to the US with my future spouse. I also wouldn’t want to rely too much on my future spouse when it comes to financially providing for my family here in the Philippines. So I was wondering if there’s anyone here who could give any insights or suggestions on when it would be advisable for me to resign from my job. What would you do if you were in my place? :)

 

Thank you in advance for your time and responses.

[Kaemouzy 16]

My advice would be to take the CR1 route, it is much faster than doing a k1 then waiting to applying for AOS. Doing the CR1 you don't have to leave your job and you're still able to support your family while you wait for your AOS.

[Adventine 3,201]

With a K1, you won't be able to work until you receive your EAD (employment authorization document), which is currently taking many, many months. Same scenario with the AP for international travel.

 

You cannot "bring" your PH job to the States and work remotely for your PH employer in the States. Doing so puts you in a legal gray area, as you are physically in the States while working.

 

You are better off getting married and filing for the spousal visa. That will allow you to work and travel internationally right after arrival in the US.

 

Edited February 4, 2021 by Adventine

[pocccco 4]

Thank you @Kaemouzy and @Adventine for the suggestion. Am I correct in my understanding that if we were to opt for the CR1/spousal visa route, we should get married outside of the US?

I currently have a multiple-entry tourist visa to the US so I could just travel to the US and my future spouse and I could get married, then apply for the CR1 visa when I return here in the Philippines. However, I have read that this is not advisable as immigration could say that I have misrepresented my intention for traveling to the US or worse, charge me/us with visa fraud.

I'm sorry if I'm coming off as ignorant on this matter -- my partner and I actually are. We're still figuring this whole process out on our own hoping to DIY it to save money.

Again, thank you so much for taking the time to respond to me and sharing your insights with me I really appreciate it!

[Adventine 3,201]

3 minutes ago, pocccco said:

Thank you @Kaemouzy and @Adventine for the suggestion. Am I correct in my understanding that if we were to opt for the CR1/spousal visa route, we should get married outside of the US?

I currently have a multiple-entry tourist visa to the US so I could just travel to the US and my future spouse and I could get married, then apply for the CR1 visa when I return here in the Philippines. However, I have read that this is not advisable as immigration could say that I have misrepresented my intention for traveling to the US or worse, charge me/us with visa fraud.

I'm sorry if I'm coming off as ignorant on this matter -- my partner and I actually are. We're still figuring this whole process out on our own hoping to DIY it to save money.

Again, thank you so much for taking the time to respond to me and sharing your insights with me I really appreciate it!

 

No, it's perfectly legal to go to the States to get married and then to back to the PH to wait for the spousal visa. It is exactly the same principle as a destination wedding. As long as you can demonstrate that you are going back to the PH after your wedding (ex. a PH job, property, studies you need to continue in the PH), you're fine.

 

It is illegal to travel to the States with pre-conceived intent to get married and then stay permanently and adjust status. That's what can be seen as visa fraud.

 

 

[pocccco 4]

25 minutes ago, Adventine said:

 

No, it's perfectly legal to go to the States to get married and then to back to the PH to wait for the spousal visa. It is exactly the same principle as a destination wedding. As long as you can demonstrate that you are going back to the PH after your wedding (ex. a PH job, property, studies you need to continue in the PH), you're fine.

 

It is illegal to travel to the States with pre-conceived intent to get married and then stay permanently and adjust status. That's what can be seen as visa fraud.

 

 

Thank you so much! I'm now reading other recent posts on choosing between the K1 and the spousal visa in light of COVID. I'm now learning that K1 applications are taking much longer than spousal visa applications now unlike pre-COVID times. I suppose we also have to take that into account as we decide which route to take.

Again, thank you so much! I'm so thankful to have found this community. All the information that everyone is sharing is great help and relief! 

[Crazy Cat 41,981]

13 minutes ago, pocccco said:

Thank you so much! I'm now reading other recent posts on choosing between the K1 and the spousal visa in light of COVID. I'm now learning that K1 applications are taking much longer than spousal visa applications now unlike pre-COVID times. I suppose we also have to take that into account as we decide which route to take.

Again, thank you so much! I'm so thankful to have found this community. All the information that everyone is sharing is great help and relief! 

I also recommend the CR-1 if possible.  There are many advantages versus the K-1.

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

K-1
      
    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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
   

    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.
  �

 

 

[Chancy 6,241]

3 minutes ago, pocccco said:

Am I correct in my understanding that if we were to opt for the CR1/spousal visa route, we should get married outside of the US?

 

The wedding can be performed anywhere you can get a valid marriage certificate.  That includes the US.  And that's what we did.  I traveled to the US with my B2 visa, got married in my husband's state, then returned to the Philippines.  Some time later, my husband submitted the petition to start our spouse visa process.

 

7 minutes ago, pocccco said:

I have read that this is not advisable as immigration could say that I have misrepresented my intention for traveling to the US or worse, charge me/us with visa fraud.

 

Simple solution -- never lie to any immigration officer.  You don't have to volunteer information that is not asked for, but if you are asked directly, answer truthfully.

 

In my case, when the airport CBP officer learned that I'd be staying with my boyfriend, he asked, "Are you going to get married?"  I didn't deny it, and I wasn't surprised when they sent me to secondary interview.  After 15 minutes, they were convinced that I would return to the PH as planned, so they let me in, knowing that I was going to get married in the US.

 

Of course, my case does not guarantee that you will also be allowed entry to the US.  Best you can do is to bring proof of your strong ties to the PH, especially your employment letter and approved leave notice.  Good luck!

 

[flicks1998 1,044]

2 hours ago, pocccco said:

My Fil-Am partner and I are planning to apply for a K1 fiance visa this year and get married thereafter. However, I’m at a loss as to when I should quit my current job.

 

Currently, I’m working full-time here in the Philippines. I’m also the breadwinner of my family. Through my current employment, I’m able to fund my parents and siblings. However, knowing that K1 visa and AOS applications may take a year or more, I’m not sure when to resign — should it be right after I receive my K1 visa?

 

Or should it be after my AOS is granted? I read that I could travel outside of the US and return here after getting married pending AOS application as long as I get an approved Advanced Parole. Perhaps I could take a month and a half leave from work then return here while waiting for my green card. The problem with this scenario, though, is that an application for Advanced Parole takes months. I doubt my employer here would grant me paid leave for that long.

 

Needless to say, I’m afraid of losing a steady source of income and eating up all of our savings as I prepare to move to the US with my future spouse. I also wouldn’t want to rely too much on my future spouse when it comes to financially providing for my family here in the Philippines. So I was wondering if there’s anyone here who could give any insights or suggestions on when it would be advisable for me to resign from my job. What would you do if you were in my place?

 

Thank you in advance for your time and responses.

As others have said and taking your personal situation into account having a Fil-Am partner and you being able to travel to the US on a B2 visa, there is NO DOUBT that you should do the CR-1.  The K1 made sense for us at the time, however taking into consideration the effects the pandemic has had on immigration, we would do the CR1 if we werent almost finished with the K1.  Plus all of the other benefits others have listed above, youd be crazy to do the K1. 

[MarryMe987654 244]

We did the K1 back in December 2018. I was also working and the breadwinner. When we started the process, I had to make calculations on how much would I need to keep supporting my family for 6 to 9 months that I might not have an income. I knew that's the amount that I have to have before our K1 process was over. I had some money saved up already anyway that afforded me to help with the immigration process and a little cash gift for my MIL.

 

So I kept working until after I got my visa in May 2019. I gave my notice at work in June 2019 with my last day being July 12, 2019. I flew to the U.S. in July 18, 2019.

 

Before I left, I got my house prepared with whatever is needed to keep them afloat for awhile before I leave and before money transfer becomes a thing. So I paid for 3 months worth of electricity, water, internet, cable. Bought 3 sacks of rice, groceries, staples, condiments, etc. This allows me to have a little cushion before using the cash that I saved up. I was also able to give my mom and my aunt a good amount of money in their bank accounts before I left to make sure that they will be ok. I made sure that my bank is set up to easily transfer money to them anytime when needed. I kept some money in my local peso account and brought the dollars with me to the U.S.

 

This worked really well for me. I still have some left of what I saved before I returned to my previous work 7 months later. I applied for my greencard in September 2019, received my AP and EAD January 2020. I am back to work in February 2020.

 

Hope this helps!

[Adventine 3,201]

@MarryMe987654 that's some really good advance planning. Great it worked out for you.

[pocccco 4]

On 2/4/2021 at 11:02 PM, MarryMe987654 said:

We did the K1 back in December 2018. I was also working and the breadwinner. When we started the process, I had to make calculations on how much would I need to keep supporting my family for 6 to 9 months that I might not have an income. I knew that's the amount that I have to have before our K1 process was over. I had some money saved up already anyway that afforded me to help with the immigration process and a little cash gift for my MIL.

 

So I kept working until after I got my visa in May 2019. I gave my notice at work in June 2019 with my last day being July 12, 2019. I flew to the U.S. in July 18, 2019.

 

Before I left, I got my house prepared with whatever is needed to keep them afloat for awhile before I leave and before money transfer becomes a thing. So I paid for 3 months worth of electricity, water, internet, cable. Bought 3 sacks of rice, groceries, staples, condiments, etc. This allows me to have a little cushion before using the cash that I saved up. I was also able to give my mom and my aunt a good amount of money in their bank accounts before I left to make sure that they will be ok. I made sure that my bank is set up to easily transfer money to them anytime when needed. I kept some money in my local peso account and brought the dollars with me to the U.S.

 

This worked really well for me. I still have some left of what I saved before I returned to my previous work 7 months later. I applied for my greencard in September 2019, received my AP and EAD January 2020. I am back to work in February 2020.

 

Hope this helps!

OMG! Thank you so much for sharing all these details! Thanks to you and everyone who replied, we're much more informed now and hopefully, we'll come up with a wiser plan.

Many many thanks! ❤️

[MarryMe987654 244]

12 hours ago, pocccco said:

OMG! Thank you so much for sharing all these details! Thanks to you and everyone who replied, we're much more informed now and hopefully, we'll come up with a wiser plan.

Many many thanks! ❤️

You're welcome. 

 

I believe the embassy also advised not to quit job until you have your visa on hand and this is very true. A lot of things can happen between the application and actual visa issuance and the timeline won't be easy to predict. It also helps to have a job to keep you off of losing your patience and insanity while waiting for updates.

 

I just hope your employer won't have a problem about taking a day off (or three) when you need to do your medical and interview. My employer didn't so that was a big plus for me.