Waiting for K1 Visa wanting to Work

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kthesenNew Member
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Joined: 15 Jul 2009

Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 11:39 am

I am currently waiting for a K1 visa approval and it is moving along pretty good. I am now going down to visit my fiance in the USA until the K1 gets approved, but I am wondering about working. There is a company in the USA that is wanting to employ me for a temporary position and I was wondering if this will jeopardize my K1 visa if I pursue this opportunity. I guess if it is possible to do with out jeopardizing my K1 visa and it is worth it financially then I would probably pursue it. Does anyone know if this is possible and what I would need to do?

Thanks in advance
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agnelsonCanuckAbroad VIP
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Re: Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 12:44 pm

You need to wait. Normally, one waiting for K1 visa is not even allowed into US. And certainly not to obtain a work visa in another status.

You need to apply for and recieve Employment authorization before working.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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kthesenNew Member
Topic author
Posts: 6
Joined: 15 Jul 2009

Re: Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 1:06 pm

That makes sense for the work portion. The reason I asked is because I had talked with an immigration lawyer and they said that managing the two different visas in this situation was hard but not impossible. But to say that you can not visit while waiting for the K1 visa doesn't make any sense. For the K1 you are required to provide evidence of an ongoing relationship where you have met in person etc. So why would you not be able to visit while waiting for processing. Where are you getting this piece of information?
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flames9CanuckAbroad VIP
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Location: Managua Nicaragua

Re: Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 1:35 pm

checkout visajourney.com Regarding the visiting of the USA during the k1 (or k3, cr-1, IR-1) It is perfectly legal to visit the USA. Myself (cr-1 at the time) and many many others have done it, and people continue to do it. It is up to the POE officer, thus ensure one has strong ties to canada, ie letter from employer, mortgage/lease paperwork, return ticket. Most have no problems at all, but a few do get denied, usually because they have no ties to canada with them!
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agnelsonCanuckAbroad VIP
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Re: Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 2:13 pm

I would certainly bow to flames and visajourney expertise on the early entry matter.

However, as was mentionned, it is also perfectly legal for the border officer to deny you entry, particularly since you state that you will be staying in US "until the K1 gets approved", which is not quite the same as visiting for a specific period and then returning to canada. Not quie the strong ties the officer would be looking for. like: "I will be visiting my fiance for two weeks and then return to my appartment and my job in kamloops".

The "logic" that one must be in the US to maintain the relationship is obviously false. He can visit you in canada, for example. Your relationship is already established: you're engaged! I'm only talking about the period after you submit K1 papers until K1 approval, not years.

More logically, If fiancees were regularly allowed to visit US after being engaged and then subsequently marry, then there would be no need for a K1 visa program, would there? You would simply enter US as a tourist, marry and adjust status. K1 visas exist for the very reason that such actions are NOT legal.

Back on the work issue, which is not a strong suit in visajourney: Working in US requires a work status. Other than "H" (for professionals) or "L" (which is for intra-company transfers), this would be a non-immigrant status (lets say TN status for example) that would not allow intent to immigrate, which you clearly have demonstrated by applying for K1 visa. Technically it is the same criteria that would apply to someone simply wanting to visit (which is known as B2 status), however because the requirement to continue to have ties in canada (the "strong ties" that flames suggested) would no longer be there, denial of a TN or similar work status would be automatic.

If the employer were willing to sponsor you for an H1 visa, and you are eligible, then by all means your employer can apply for H1, hire you, and then you simply move to US and marry, without even the need for K-1. However most employers would not go thru this effort and expense knowing that within weeks you would get your own work authorization and not need sponsorship at all. They would simply wait until your EAD came thru.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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kthesenNew Member
Topic author
Posts: 6
Joined: 15 Jul 2009

Re: Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 2:34 pm

I have not applied for the EAD yet. From what I found on visajourney I would file for my EAD once I entered the US on my K1 visa. Is this incorrect? Because if I can only be there as a visitor at this point it seems like the EAD would be denied until the point I actually enter on a valid visa.

Thanks again for everyone's help and comments.
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agnelsonCanuckAbroad VIP
Posts: 3264
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Joined: 26 Aug 2009

Re: Waiting for K1 Visa wanting to Work

Post Tue May 25, 2010 2:51 pm

Indeed, the EAD is only available after you file AOS (which is only after marrige), however some POEs will issue a temporary work authorization right as you enter on k1, even before marriage.

At any rate, the earliest you will work is when you enter on K1, you could have to wait until about 90 days after you file for EAD.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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