Need your advice

[Andy & Jamie 0]

Ok let me explain the situation...bear with me! My boyfriend came over to America in Dec 2007 to study abroad (on J-1) visa for a year. After we got engaged over the summer we had decided to file for K1 because we thought he would have to go home at the end of his visa in Dec 08. It turns out by getting a job related to his degree he was able to extend his J-1 for another year! He's starting his new job on Tuesday and now we're both wondering:

1) Can we cancel the K-1 process and decide to marry and do AOS instead (his J-1 actually does NOT require him to go home for 2 years)??

2) If we are able to go the AOS route can he continue to work at his job on the J-1 while we wait EAD to be processed? (The J-1 gives him full work authorization and he already has a SSN and all that fun stuff).

THANK YOU! Any additional advice is also greatly appreciated

[Andy & Jamie 0]

Oppps...I probably should have posted this in the Family bases Greencard forum...sorry everyone! Can an admin move this to the right forum please?

[rubyred 0]

not an answer to your question, but:

you started applying for the K-1 while your fiance was still in the US? i've been wondering if this is an option for me too.

[Singers 0]

Yes you can start the paperwork for your fiance while s/he is still visiting as long as they do not overstay their visa.

As to the OPs question, you could go about this two different ways. You can keep the K-1 alive and then have your fiance return to the his home country for the interview/medical etc.

You could cancel the petition and then file for adjustment of status. They will probably ask you why you did this at the interview but other than "we got the process wrong" I don't see it being a problem. He's already in the country, you don't have intent issues...

Consult with an immigration attorney.