Job overseas during K1 process

[sebbac 0]

Currently Im unemployed but have filed for the K1 visa and have a receipt number. I was offered a job in Korea but I dont know how that would affect me and my fiance since the whole point in the K1 visa is to marry in the states. Would we be able to marry in the states then have her come right after we're married? I know theres a waiver for traveling but I would want her to stay with me in Korea for the duration of the job if possible.

[YuAndDan 153]

Same question asked and answered yesterday: http://www.visajourney.com/forums/index.ph...c=96857&hl=

FAQ:

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

[Jesse and Hema 2]

If you end up entering the USA and marring on a K-1 visa, you cannot (wisely) leave the country until you have been granted Advance Parole (AP). You generally file for this when you file for Adjustment of Status (request for AP is another application, but the fee is included with the AoS application). You should get AP approval within 90 days from when your Adjustment of Status is filed. In other words, you'd need to leave your overseas job for a few months. It's possible to get an emergency AP, but I doubt this constitutes an emergency.

What is the "duration of the job"? And what phase of the visa process are you at? This might be a non-issue.

[sebbac 0]

If you end up entering the USA and marring on a K-1 visa, you cannot (wisely) leave the country until you have been granted Advance Parole (AP). You generally file for this when you file for Adjustment of Status (request for AP is another application, but the fee is included with the AoS application). You should get AP approval within 90 days from when your Adjustment of Status is filed. In other words, you'd need to leave your overseas job for a few months. It's possible to get an emergency AP, but I doubt this constitutes an emergency.

What is the "duration of the job"? And what phase of the visa process are you at? This might be a non-issue.

Its a contract job so its yearly most likely. I talked to a rep earlier and she wasnt much help since she said she couldnt answer any of my questions until AFTER I changed my address, but I wouldnt want to test taking an overseas job if its just going to void my fiances K1 visa. Right now all I have is the receipt and waiting. I check online often and it hasnt changed from:

Current Status: Case received and pending.

On September 21, 2007, we received this I129F PETITION FOR FIANCE(E), and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Basically I wanted my fiance to live with me overseas if possible but it doesnt seem like it would be.

[Dakine 26]

May be better to go there, marry and establish residentcy then do a DCF.

[Jesse and Hema 2]

Well, if this job is that important, you may be able to wait until the job's contract ends before you go to the states to get married. A K-1 is valid for 6 months after issuance. By the time you get the visa, the 6-months will likely be a large enough window to let you finish your job.

Your US Citizen fiance could visit you during this time. Check your country's requirements for visiting US Citizens.

The issue with this plan would be that the US Citizen needs to sponsor you and needs to have a stable job where she's making over 125% of the poverty line. If she's leaving the country for extended periods of time, that might not be possible, so maybe just a week-long visit here or there....

[Jesse and Hema 2]

Well, if this job is that important, you may be able to wait until the job's contract ends before you go to the states to get married. A K-1 is valid for 6 months after issuance. By the time you get the visa, the 6-months will likely be a large enough window to let you finish your job.

Your US Citizen fiance could visit you during this time. Check your country's requirements for visiting US Citizens.

The issue with this plan would be that the US Citizen needs to sponsor you and needs to have a stable job where she's making over 125% of the poverty line. If she's leaving the country for extended periods of time, that might not be possible, so maybe just a week-long visit here or there....

And of course, if your fiancee can't meet the 125%-of-poverty-line requirement, there's always co-sponsorship.

[sebbac 0]

Thanks for the reply everyone. I've been talking to my fiance and the hiring manager about the job overseas and I have more questions. I've talked to a rep again and the same thing "we cant help you until you change your address". I was curious if its possible to transfer the information I have filed from the K1 visa process to a different visa since my fiance is in China and I will be in Korea working for the U.S. military as a contractor.

Unfortunately since Im not in Korea I dont know what process the legal office on the base goes through. Im already 6 months into the K1 visa and I'd hate to start over on a new visa that takes twice as long. Again thanks for the replies.

[pushbrk 14,507]

Thanks for the reply everyone. I've been talking to my fiance and the hiring manager about the job overseas and I have more questions. I've talked to a rep again and the same thing "we cant help you until you change your address". I was curious if its possible to transfer the information I have filed from the K1 visa process to a different visa since my fiance is in China and I will be in Korea working for the U.S. military as a contractor.

Unfortunately since Im not in Korea I dont know what process the legal office on the base goes through. Im already 6 months into the K1 visa and I'd hate to start over on a new visa that takes twice as long. Again thanks for the replies.

There is no transferring from one visa to another. The K1 visa is for a fiance to enter than USA within six months of issue, marry within 90 days and then remain in the USA except for visits abroad only after being granted either advanced parole or a green card. Even with the green card, permanent residence needs to be obtained in order to remove conditions 21 to 24 months later.

If your life plans don't fit the visa process you've embarked on, then you need to withdraw the petition and file again later for K1 or marry abroad and file for a spouse visa when you are ready to have your wife immigrate from China to the USA.

On the other hand, if you wish to take a temporary job in Korea during the process, you certainly can. If you went now, your window would be all the time until visa issue plus six months. Perhaps you could reunite in Korea for part of that time. Go here for information on Chinese Citizens travelling to Korea Republic.

http://www.delta.com/planning_reservations...rt_information/