Hi, new here and a couple questions about K visas

Ozzmatron

New Member
Hello to all.

I have a some questions about K visas.
Currently I am living in Mexico with my fiance, and we will soon be married. I was born and raised in Rhode Island, she was born in Mexico. She was employed by an American company, via their branch in Mexico, up until this month, when they decided to shut down the Mexico office.

We can't continue to maintain the way we live here, and any job she gets here will pay only a fraction of what she made previously. So we have decided that the best thing for us will be to move to the US, as I can find work there very easily, and she can find work work as well; she has a bachelors in English, and works as a technical writer, translator, and at times does interpreting.

What category of visa should we pursue? Currently, we are looking into a K1 or K3 visa, depending on how long before we start the process. If we do go the K1 or K3 route, would I have to go to Rhode Island to petition for the visa? And if so, would I have to stay in RI until the petition gets approved and the visa granted? Or could I petition there, then fly back down here?

Also, is there a better category of visa to get? I have searched, but haven't found much information on anything else.

Also, if she has a B2 visa, can she enter the country while waiting for the K visa? Or does she have to stay in Mexico?

And final question, regarding EAD. How would we go about getting her a work permit after the K visa?

This whole system is so complicated compared to getting a FM2 visa here in Mexico. It has been frustrating trying figure out the best plan of action, but we are gonna stick to it.
Any help would be highly appreciated, thank you.
-Jamie
 
K-1 will be quickest. You will need to apply for it from the US. You can continue to visit her in Mexico while the K-1 is processed. She can attempt to use her B-2 visa to visit you in the US, but most likely she will be denied entry. You will need a financial co-sponsor in the US. Once she enters the US on K-1, marries you and then applies for AOS, she can apply for an EAD too.

What category of visa should we pursue? Currently, we are looking into a K1 or K3 visa, depending on how long before we start the process. If we do go the K1 or K3 route, would I have to go to Rhode Island to petition for the visa? And if so, would I have to stay in RI until the petition gets approved and the visa granted? Or could I petition there, then fly back down here?

Also, is there a better category of visa to get? I have searched, but haven't found much information on anything else.

Also, if she has a B2 visa, can she enter the country while waiting for the K visa? Or does she have to stay in Mexico?

And final question, regarding EAD. How would we go about getting her a work permit after the K visa?
 
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