Monday, March 14, 2011

can i be (live/work) in the states after filing I-130 and I-129F and awaiting K3


can i be (live/work) in the states after filing I-130 and I-129F and awaiting K3?
im planning to move to texas this year and we were hoping to get married in holland (which is where im from) and the for me to move to texas asap after. i know the K3 visa takes at least 9 months to process but i was wondering if i could live and work while the visa is pending. i obviously would like to be with my then husband soon!
Immigration - 2 Answers
Random Answers, Critics, Comments, Opinions :
1 :
No, you cannot work until you get an EAD (employment authorization), and you need to file for an AOS to ask for it. You could visit him while waiting for a K3 but not work there... Be careful if you visit him after marrying, you will have to prove that you would be going back to your home country after the visit to wait for approval (boss's letter, rent, etc.) You have an other option which is the CR1 (I believe that's what it's called). I think it's processed faster and you can work as soon as you come in the USA with it.
2 :
If you enter on a K-3 you do not have to file for AOS before applying for the EAD. This only applies to the K-1 fiance visa. But no, you cannot work in the meantime. You also cannot live in the US whilst the case is in process. You can visit though for the time that you are permitted to, if you are granted entry. Being apart is tough, I know, as I did this whole process myself. You will make it though, we all do. Check out http://www.familybasedimmigration.com/forum/index.php Lots of resources, links, and knowlegable members. All the best.