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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3868
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My soon-to-be husband (non US citizen, currently living in

Customer Question

My soon-to-be husband (non US citizen, currently living in Japan) want to come to the US and work as a researcher. He has already got a job offer from a research institute in the US, which he likes to start on January 2017. His future employer wants him to get his visa through the marriage to me (US citizen) rather than them sponsoring his visa ( however, if we insists, they may help him get J1visa).
We are wondering what is the fastest way to bring him here AND let him start working in the US.
we are thinking to get married in Japan, then start K3 visa application process. Then he will need to get a work permit. But I'm afraid that this whole process may take longer than 5 months..
Is there any way he can apply for a work permit in parallel with K3 visa application? Or it's only possible after he enters into the US?
How long does it usually take to get K3 visa and work permit?
Do you have alternative idea of how to bring him here and allow him to work?
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 7 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

We are wondering what is the fastest way to bring him here AND let him start working in the US.
we are thinking to get married in Japan, then start K3 visa application process. Then he will need to get a work permit. But I'm afraid that this whole process may take longer than 5 months..

THERE ARE 3 WAYS TO BRING HIM, K-1 FIANCE VISA (NOT MARRIED) , CR-1 SPOUSAL IMMIGRANT VISA (MARRIED), K-3 SPOUSE VISA

UNFORTUNATELY K-3 IS USUALLY NOT THE FASTEST WAY. THE FASTEST WAY WILL LIKELY BE THE FIANCE VISA K-1. THAT VISA IS TAKING ABOUT 5-8 MONTHS RIGHT NOW FOR APPROVALS. IF YOU DID THAT ONE, THEN ONCE HE IS IN THE US, YOU MUST GET MARRIED WITHIN 90 DAYS AND THEN RIGHT AWAY YOU CAN FILE THE GREEN CARD APPLICATION. HE WILL GET A WORK PERMIT IN ABOUT 2-3 MONTHS AFTER SENDING ALL THAT IN.

THE K-3 WILL LIKELY BE LONGER THAN THE K-1. THE K-3 BEGINS THE SAME WAY AS THE CR-1 IMMIGRANT VISA. FOR BOTH YOU FILE THE I-130 AFTER BEING MARRIED. THE DIFFERENCE IS THAT AFTER FILING I-130, FOR THE K-3, YOU FILE THE I129F APPLICATION. IF THE I-130 GETS APPROVED WHILE THE I-129F IS STILL PENDING, THE WHOLE K-3 PROCESS IS TERMINATED AND YOU ARE STUCK IN A TYPICAL CR-1 VISA CASE WHICH TAKES ABOUT 8 MONTHS TO A YEAR TOTAL. IF THE I-129 IS APPROVED FIRST, THEN IT'S MORE OR LESS THE SAME TIME AS THE K-1 VISA. BUT AGAIN, THIS IS A GAMBLE.

Is there any way he can apply for a work permit in parallel with K3 visa application? NO THERE IS NO WAY TO DO THAT UNFORTUNATELY. HE CANNOT GET THAT UNTIL HE IS IN THE US.

How long does it usually take to get K3 visa and work permit? IF HE WILL ENTER THE US AS K-3, THEN HE HAS TO WAIT UNTIL HE IS HERE TO FILE THE GREEN CARD APPLICATION AND WORK PERMIT TOGETHER. HE WILL GET A WORK PERMIT 2-3 MONTHS LATER.

Good luck to you during this process and I hope this answer has helped you!

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