Living together during K1 - it's possible!

[Andy & Jamie 0]

I just wanted to pass on our story in case it would help any of you. I met my fiance 3 years ago when I studied abroad in Australia. He came over to America in January 2008 for a year long study abroad to finish his degree. At the end of his studies as long as he had a job related to his degree he was able to extend the J-1 visa for an additional year classified as "Academic Training." We filed back in August and received the NOA2 just a few weeks ago so it's been smooth sailing so far. So not only have we able to live together for the past year, but he is able to work while we wait for the K1 to be approved. The longest we have to be apart is when he goes for his interview! After the interview he'll come in on the new visa and will be able to work once the EAD is approved. As an added bonus he already has a SSN since he's been working here for almost a year and there is TONS of evidence to prove the relationship (same address, shared cell phones, bank accounts, etc.)

Anyway I hope some of you find this helpful. I realize if you are older the whole studying overseas might not be an option, but it's been a real blessing for us to be able to do it this way so far! Best wishes to everyone out there!!

[English Muffin 59]

Why did you bother filing a K1? Why didn't you just marry then AOS?

[Bobby+Umit 161]

Why did you bother filing a K1? Why didn't you just marry then AOS?

Concur - that would of been my route

Because he will have to go back to his home country to get the interview...

[tucson_chick 0]

Why did you bother filing a K1? Why didn't you just marry then AOS?

I was going to ask the same....

[Chica Yeyé 41]

Ditto. Why not then get married and go the K-3 route?

[maliciant 7]

Honestly it's not too late to simply marry and go AOS, having him go back to his country would probably put whatever his job is at risk and put him out of work for a few months while waiting on the EAD, you should probably look into this quickly, but I guess what you do may depend on if you already have solid plans and plane tickets etc to do things. (The irony here I guess is that because you get to live with your SO you probably didn't look for ways to avoid having the long waits... when in reality it's easy to avoid in your situation it seems, legally even!).

Ditto. Why not then get married and go the K-3 route?

Uh, no need for a visa since they are in the same country, they can skip all the k-3 k-1 jive and go straight to AOS...

[Kez/JWolf 6]

You have wasted your time and money filling for a K1. As other have said you could get married and file for Adjustment of Status and remain in the USA legally until you are approved for your greencard. You will have to return to your home country to interview for the K1 then fly back to the USA and enter as a K1 then get married, then file for AOS and EAD and AP and wait for that to be approved.

[Chica Yeyé 41]

Honestly it's not too late to simply marry and go AOS, having him go back to his country would probably put whatever his job is at risk and put him out of work for a few months while waiting on the EAD, you should probably look into this quickly, but I guess what you do may depend on if you already have solid plans and plane tickets etc to do things. (The irony here I guess is that because you get to live with your SO you probably didn't look for ways to avoid having the long waits... when in reality it's easy to avoid in your situation it seems, legally even!).

Ditto. Why not then get married and go the K-3 route?

Uh, no need for a visa since they are in the same country, they can skip all the k-3 k-1 jive and go straight to AOS...

You're right

[KimandRuss 0]

The others are right... if he entered the U.S. without the intention of immigrating then you could have simply married and adjusted status. No time apart at all and no wait to work. That would make you even luckier.

Anyway, welcome to VJ and congratulations.

[tallcoolone 102]

Now, thats funny

[Andy & Jamie 0]

Well we originally filed for K1 because we didn't find out his current visa was getting extended until November and wanted to get a jump on the filing process since he was going to go back home. As you can all see, our plans changed and now he gets to stay. We haven't even gotten packet 3 yet or haven't done anything since getting the NOA2. Obviously I'd much rather just marry and do AOS if this is an option now. Can anyone give me advice on what I need to do next or if this will effect us since we already filed a K1? Thank you in advance!

[rebeccajo 14]

Well we originally filed for K1 because we didn't find out his current visa was getting extended until November and wanted to get a jump on the filing process since he was going to go back home. As you can all see, our plans changed and now he gets to stay. We haven't even gotten packet 3 yet or haven't done anything since getting the NOA2. Obviously I'd much rather just marry and do AOS if this is an option now. Can anyone give me advice on what I need to do next or if this will effect us since we already filed a K1? Thank you in advance!

Speak to a qualified immigration attorney for the safest answer.

I am uncertain if you filed for AOS whether or not his employment under the J would be 'voided'. I know that with some visa types, filing AOS doesn't affect any of the other provisions of the original visa. This is a part of the process that gets muddy for me - I've never studied it. Research for that answer or ask a qualified attorney.

I'd like to add to the conversation that all this J1 business depends on the type of J and whether or not the alien has a restriction on the J which requires them to return to their home country for two years. If I'm correct, the NOA2 approval means nothing insofar as whether or not the beneficiary of this petition holds this type of J visa. I don't believe this type of 'problem' crops up until the interview - if the applicant and beneficiary are unaware of the restriction beforehand.

Insofar as returning to the home country for an interview and giving up a job, I'm thinking that isn't really an issue. The job is probably contingent upon the J1 visa, which will eventually expire even if he remains in the States. If AOS from this visa is do-able but the couple elects to proceed with the K1, the cost of travel to Oz would probably be a larger financial factor than the job loss.

[*julez* 124]

Regardless of the extension, you still could have married and adjusted status without leaving. However, now that you filed the K1, I'm not sure if that would be an issue for you if you married now and tried to adjust.

[rebeccajo 14]

Regardless of the extension, you still could have married and adjusted status without leaving. However, now that you filed the K1, I'm not sure if that would be an issue for you if you married now and tried to adjust.

Maybe. We're not sure because we don't know quite all the facts.

But for the record, people have cancelled K visa petitions in order to marry and adjusted successfully from that marriage.

Edited January 12, 2009 by rebeccajo

[*julez* 124]

Hence my use of the words "I'm not sure".