Starting the K-1 visa process while on J visa in the US

[drella 4]

Hello !

I have a question left without answer, I hope someone can help me !

Here is my situation. I am in the US on a J visa, I arrived in september 2011 and will be here until march 2013 and my boyfriend is american, we have been together for almost two years now and think about getting engaged and married. We know we have been together for a while but we don't live yet together even if we spent most of our time together (we are both in New York) but we just like it this way and want to take our time without rush. We know we have two solutions: getting married before my visa expires and proceed to a change of status or the visa k. Again, we think the first solution would make us rush and for now we are both busy with work and we would rather go for the second one, I would go back to my country after my J visa for a visa k as I would like him to meet my family and we are planning a trip too abroad so we would do it while I am in my country. Brief ! I know this visa K process is so long,

so my question is : Can I start a visa K process while I am here in the US on my visa J ?

Thank you very much for your answers !

[didopage 337]

Hello!

The K-1 process takes usually 7-9 months when dealing with the French Embassy. Then, you have 6 months to use that one-time entry visa, and 3 months to get married when you enter the US. You can start the K-1 process while being in the US. Your J-1 finishes in March 2013, and looks like you want to take your time, coming back to your country, having your boyfriend visits your family, take a trip, as you said. Question is, how long do you want to stay in France ?

The K-1 process is mainly 2 steps:

- the I-129F petition at the USCIS stage, takes about 4-6 months without any activity/news.

when the petition is approved, it is forwaded to the NVC, then to the French embassy where you actually apply for the K-1 visa

- K-1 visa at the embassy, about 2 to 3 months, better to be in France during that step because they send you instructions, you have a medical to do, etc.

Let's stay you want to stay in France for a few months: have your fiance send the petition package about 5 months before your J-1 expiration date. This way, you won't suffer the famous long and hard 5 months wait separated from each other.

Hope it can help you have a better idea of how to make your plans.

Edited June 24, 2012 by didopage

[drella 4]

Hello!

The K-1 process takes usually 7-9 months when dealing with the French Embassy. Then, you have 6 months to use that one-time entry visa, and 3 months to get married when you enter the US. You can start the K-1 process while being in the US. Your J-1 finishes in March 2013, and looks like you want to take your time, coming back to your country, having your boyfriend visits your family, take a trip, as you said. Question is, how long do you want to stay in France ?

The K-1 process is mainly 2 steps:

- the I-129F petition at the USCIS stage, takes about 4-6 months without any activity/news.

when the petition is approved, it is forwaded to the NVC, then to the French embassy where you actually apply for the K-1 visa

- K-1 visa at the embassy, about 2 to 3 months, better to be in France during that step because they send you instructions, you have a medical to do, etc.

Let's stay you want to stay in France for a few months: have your fiance send the petition package about 5 months before your J-1 expiration date. This way, you won't suffer the famous long and hard 5 months wait separated from each other.

Hope it can help you have a better idea of how to make your plans.

Thank you very much for your answer !

So it seems it would perfectly fit with what I am looking for because I would like to stay two/three months in France (rather two than three !) so it seems the longest part is the I-129F one which doesn't require much more than patience once it is sent so it sounds good...But, would they wonder for a reason or another why we don't get married while on my visa J instead of going through the visa K procedure ? Could it be a problem ?

Thank you very much for your message

[amykathleen2005 441]

Do you have a home requirement on your J visa?

[didopage 337]

Thank you very much for your answer !

So it seems it would perfectly fit with what I am looking for because I would like to stay two/three months in France (rather two than three !) so it seems the longest part is the I-129F one which doesn't require much more than patience once it is sent so it sounds good...But, would they wonder for a reason or another why we don't get married while on my visa J instead of going through the visa K procedure ? Could it be a problem ?

Thank you very much for your message

Well, if they ask, not wanted to get a rushed marriage is a good reason I think. :-)

Do you have a home requirement on your J visa?

That's a good question. drella, check your J-1 visa to see if the 2-years rule doesn't not apply for you... Better not!

[drella 4]

Well, if they ask, not wanted to get a rushed marriage is a good reason I think. :-)

That's a good question. drella, check your J-1 visa to see if the 2-years rule doesn't not apply for you... Better not!

Thanks for your messages ! :-) yes, no problem on this side, the 2-year rule doesn't apply for me !