K1 Visas

[Kyrgyzfriend 0]

I just this past November meet my girlfriend who is from Kyrgyzstan for the first time. We had a great time together, we hit it off right away and so I asked her hand in marriage which she immediately said yes to without hesitation. Now we discussed about where we'd live and so forth and after much consideration we decided it would be best for us to live in the States at this stage of our lives. Her trip lasted till December 2nd and now she's back home in Bishkek, Kyrgyzstan and we've just started the visa process, mainly just filling out the I-129 petition and gathering information. We're not sure how this process goes and what all we need to do in order for her to get a visa, so any help would be greatly appreciated. Also Her one friend back home mentioned that after getting a fiancee visa it takes a year before you can work and she prefers to work and so I was wondering could she apply for a work visa and then get married, that is if she would be able to find a job as she would like to either translate/interpret or teach Russian (as that's her native language and she has a degree in teaching English as a Second Language) and if so then what would be the process we would need to go through before we could legally get married and how long would it take?

[payxibka 10,044]

You will find out that much of the information that comes from "friends" is not always correct...

A k-1 visa is work authorized for the first 90 days after her arrival. In addition, after filing the proper forms after the marriage, she could be once again work authorized within about 90 days or so of the filing for an additional year in order to bridge the gap until the greencard is approved.

BTW, work visas such as H-1B is extremely difficult to get as well as needing a sponsor employer.

Edited December 5, 2007 by fwaguy

[Otto 83]

I just this past November meet my girlfriend who is from Kyrgyzstan for the first time. We had a great time together, we hit it off right away and so I asked her hand in marriage which she immediately said yes to without hesitation. Now we discussed about where we'd live and so forth and after much consideration we decided it would be best for us to live in the States at this stage of our lives. Her trip lasted till December 2nd and now she's back home in Bishkek, Kyrgyzstan and we've just started the visa process, mainly just filling out the I-129 petition and gathering information. We're not sure how this process goes and what all we need to do in order for her to get a visa, so any help would be greatly appreciated. Also Her one friend back home mentioned that after getting a fiancee visa it takes a year before you can work and she prefers to work and so I was wondering could she apply for a work visa and then get married, that is if she would be able to find a job as she would like to either translate/interpret or teach Russian (as that's her native language and she has a degree in teaching English as a Second Language) and if so then what would be the process we would need to go through before we could legally get married and how long would it take?

Kyrgyzfriend,

Well...welcome to VJ.

The process is fairly simple really (for the most part any way) - gather needed documents, proof, etc., fill out forms and wait - a lot of waiting . The guides here are straight forward and compiled by those who have actually done it (and are still doing it) so it is a very good place to gather information. Try not to swallow the whole process in one bite, rather get an overview, and break it down into steps - like planning a trip (or, uhm...a journey) . (See the step-by-step guides and the K1 flowchart..they are really good.)

As for working - once she is here (and you're married) you guys can file for AOS (Adjustment of Status) and EAD (employment authorization) pretty much straight away - the AOS/Green Card may take a while, but the EAD shouldn't take much more than 60-90 days (which means she'll be able to work). Most fellow journey-members use this time to get settled, become familiar with the surroundings - act like love-birds, etc... so it goes pretty quickly...

The longest part is the beginning..it will test you..but is worth it.

[bowflex 0]

If you are looking for being able to work right away, another possibility is to go with the CR-1 visa. My wife and I went for that visa, it took a year and a few months, but right when it's activated at the POE the visa holder is allowed to work. If you have any questions on the visa process, this is a great site, but if you have any questions that you can't find here, definitely get an immigration attorney. My wife and I also used one as our case was not as easy as most and had many complexities, but it kept us from getting any RFEs. Good luck!

[Jasman0717 8]

Read the K-1 guide here on VJ for guidance and take a look at the immigration timelines to get a feel of what to expect to get the visa issued. Good luck

[~Laura and Nick~ 5]

Welcome to VJ and Good Luck!

[raymaga 25]

The FAQ's and GUIDES sections will answer all your questions for you.

Good luck for a speedy process.