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K1 - Employment and Processing Times Issues

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  • K1 - Employment and Processing Times Issues

    Hi,

    I have learnt a lot from this forum and wanted to share my experience with the K1 which has been tricky.

    In November 2017 I got engaged to a US citizen in Australia at which time we applied for the K1. We travelled between leaving Australian and moving to the US which meant we weren't waiting around for the Visa. Interview was granted in May 2017 (6 months). I returned to Sydney to do the interview and then my visa received approximately 2 weeks later after quickly doing medical and police check. If you are applying for this visa make sure you have your police check done ahead of time so as soon as you interview, you can also submit the police check (it takes time to process).

    The fiance visa is valid for three months which you can apply to work using your EAD. However, EAD processing times are currently between 90 - 120 days which means whilst you only have your Fiance Visa you essentially can't work in the US because your EAD will not arrive within the time the visa is valid.

    We got married the day after I arrived in the US on my fiance visa and applied for the Adjustment of Status (Green Card) as soon as the marriage certificate arrived. This means the Fiance visa was fairly useless in terms of what it did for me for work. It allows me to be in this country whilst my Greencard is processing but thats it. I also cannot travel under the fiance visa until my EAD/Parole to work document is ready which has meant it could be difficult for me to travel for my actual wedding ceremony and means my husband has had to support me for the while time we've been in the US and will have to until my EAD arrives.

    I wanted to share my experience in case anyone else is considering the fiance visa. If you are, you need to be ready to get married ASAP and apply for the greencard or it can be months and months of not being able to work due to processing times.

  • #2
    Thank you!

    Thanks for sharing, @elisesydney. I wish I'd read something like this before we went through the K1 route. Anyway, we're still finalising our adjustment of status package as some questions can be really tricky. That said, many individuals on this forum have been so helpful, they're like guardian angels! I'm so grateful to the helpful souls out here because my husband and I wouldn't have gotten this far without their advice. Given the processing times, we'll have to watch our expenses for quite a few months longer as we don't know how long it will take for me to get a job even after the EAD arrives.

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