Is a K1 visa needed with an O2 visa? 5 Answers as of August 20, 2013

I'm a Dutch citizen and engaged to a USA citizen. I have an O2 visa through my job. I was wondering if I still need to apply for a K1 visa even though I have an official work permit. I travel a lot for business, so would I be able to travel in and out of the country with the O2 visa after we get married or do I need to wait for my temporary green card to arrive first?

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You need to be very careful as an O-2 visa does not allow for immigrant intent.
Answer Applies to: New York
Replied: 8/20/2013
Law Office of Adebola Asekun | Adebola O. Asekun
A safer strategy is to postpone overseas travels once your adjustment of status application has been filed and awaiting adjudication. Adjustment of status applications generally are adjudicated in less than 6 months nowadays. But if you are unable to defer overseas travel during that period, you may also concurrently file Form I-131 application for advance parole.An I-31 application is usually granted within 2 months of filing the application and with it, you can travel overseas while your I-485 case is pending
Answer Applies to: New York
Replied: 8/20/2013
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
There is no need for K-1 visa if you are in the United States with a valid visa already. Generally, after marriage the US spouse petitions for the foreign spouse (I-130) and, at the same time, this beneficiary can apply for green card (I-485), travel authorization (I-131) and work authorization (I-765). Once applications are submitted, the I-485 will be deemed to have been abandoned if the foreign spouse leaves the US without the travel authorization. Since it appears that timing is crucial for you, given your travel schedules, it is important to consult with a competent immigration attorney with whom to discuss your specific situation.
Answer Applies to: Maryland
Replied: 8/20/2013
Preston & Brar, LLC | Jesse Brar
The K-1 visa is a non-immigrant visa that is granted for the purpose of coming to the U.S. to get married. If you already have an O-2 visa, and so you have entered the U.S. with inspection, you can get married in the U.S. without the need to get separate K-1 visa. However, after you get married and your wife files a petition for you and you file your application for adjustment ("greencard"), you would have to get advance parole ("travel document") to be able to travel in and out of the U.S. Even though you have an O-2 visa, once your greencard application is pending with the U.S., you must have advance parole to travel, or your greencard application would be considered abandoned when you leave the U.S. (even for a very short trip).
Answer Applies to: Utah
Replied: 8/20/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
O status allows for dual intent so that you can continue to travel on your O visa despite the marriage. However, you will need advance parole in order to travel after you applied for your green card.
Answer Applies to: California
Replied: 8/20/2013
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