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Filed: K-1 Visa Country: France
Timeline
Posted

Hi everybody,

My fiancée filed our K1 visa application a couple of weeks ago, but in the mean time I have been offered a job in the US and therefore, my new employer is going to apply for my work permit, most probably a J-1 visa.

Now, I wonder if this J-1 visa will be accepted since the K-1 visa is in process. On the other hand, I don't want to loose this job opportunity since I don't see the point of migrating to the US without a job there.

Can anyone share her/his similar experience with me ?

Do you know if iit is possible to cancel the K-1 visa?

Do I have a chance to get the J-1 visa since now, it is clear to the immigration office that I intend to marry?

Thank you very much for your help.

Filed: K-1 Visa Country: Chile
Timeline
Posted

I don't think you should cancel the K-1, plus you don't know which way you'll get faster here!.

How long does it take the J-1?.

If j-1 is granted that is only for a job, like people who come with visitor visa, they come visit and then leave and come back with a k-1. Then if you get married while on J-1 you might get punished.

Hope you get help from someone with experience on this.

Our Timeline:

11/1999 - We met in Ecuador

02/05/00 - Relationship started

09/08/06 - Engaged & Pregnant!

03/13/08 - I filed for Citizenship

07/22/08 - Became US Citizen

08/02/08 - I-129F sent

08/13/08 - Case received by VSC

08/16/08 - NOA1

08/18/08 - Touched

12/18/08 - Touched again exactly 4 mos. after 1st touch!

12/18/08 - Noa2 @ 3PM-Gracias Dios Mio!

12/24/08 - NVC sent pckg. 3 to Embassy

01/02/09 - Pckg 3 rcvd. by Embassy

01/09/09 - Pckg 3 from Embassy received by beneficiary

02/09/09 - Medical exam

02/16/09 - Sent back checklist and docs required by embassy.

03/13/09 - We will fly to see Daddy Gary

03/16/09 - 1 PM Interview (Pray God he gets visa)

03/16/09 - 5PM INTERVIEW PASSED WOOHOO. Thank God.

03/25/09 - Visa on hand! he went to DHL office after phone call received.

04/18/09 - My Cuchi came, (NYC)a wonderful unbelievable moment!:)

04/20/09 - We applied for marriage licence. (Township Municipal Bldg Health Dept.)

04/23/09 - Licence on hand

04/29/09 - Applied for Social Security (He was in system!)

04/30/09 - Wedding day!!! Yeeebaa

05/07/09 - SS card in mail. "valid for work only with DHS authorization"

05/13/09 - Sent AOS paperwork.

06/16/09 - Biometrics Apptmt.

06/25/09 - EAD Card in mail!

06/26/09 - Letter saying case transfered to Cali.

08/08/09 - Residence Card in Mail! Yuuupiiiiiii.

THE END FOR 2 MORE YEARS.

I don´t need patience if I have love. Ah I que Viva mi Guayaquil Carajo!

-Cuchita-

Posted (edited)
Hi everybody,

My fiancée filed our K1 visa application a couple of weeks ago, but in the mean time I have been offered a job in the US and therefore, my new employer is going to apply for my work permit, most probably a J-1 visa.

Now, I wonder if this J-1 visa will be accepted since the K-1 visa is in process. On the other hand, I don't want to loose this job opportunity since I don't see the point of migrating to the US without a job there.

Can anyone share her/his similar experience with me ?

Do you know if iit is possible to cancel the K-1 visa?

Do I have a chance to get the J-1 visa since now, it is clear to the immigration office that I intend to marry?

Thank you very much for your help.

I don't think you can apply for two visa's at the same time.

Further checking, it seems possible, but there could be some hurdles for you...

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: K-1 Visa Country: France
Timeline
Posted
I don't think you should cancel the K-1, plus you don't know which way you'll get faster here!.

How long does it take the J-1?.

If j-1 is granted that is only for a job, like people who come with visitor visa, they come visit and then leave and come back with a k-1. Then if you get married while on J-1 you might get punished.

Hope you get help from someone with experience on this.

It should take less than 3 months to get the J-1 visa. I wonder how can people ask for a tourist visa while a K-1 in process.

Any experience with that my friends?

Posted
It should take less than 3 months to get the J-1 visa. I wonder how can people ask for a tourist visa while a K-1 in process.

Any experience with that my friends?

We got a B-2 visa while the K-1 was in process without a problem. Many others have also been successful at getting visitor visas (though some have also been denied).

I don't know off-hand if there's a special case for a J-1 visa, but in general, the K-1 process doesn't prohibit other means of immigration. Just, as others have stated, getting married on the J-1 is obviously not suggested.

Love timeline:

??? 2003 -------> Started chatting regularly, became good friends

Nov 2004 -------> Fell in love

Jan 2006 -------> Met (in person) for first time

Apr 2008 -------> Wedding

Jun 2008 -------> Closed on house together

K-1 timeline:

Jun 11, 2007 -------> I-129f sent

Mar 20, 2008 -------> Visa in hand

AoS/EAD/AP timeline:

Apr 26, 2008 -------> Wedding

Apr 28, 2008 -------> Filed (forms mailed)

Apr 30, 2008 -------> Forms received by USCIS

May 06, 2008 -------> Cashed check posted to account

May 10, 2008 -------> NOA1 received for EAD, AP, and AoS

May 10, 2008 -------> Biometrics appt date received

May 28, 2008 -------> Biometrics for EAD & AoS

Jun 11, 2008 -------> AoS case transferred to CSC

Jul 05, 2008 -------> AP Approval

Jul 09, 2008 -------> EAD approval

Jul 14, 2008 -------> EAD and AP received

Jul 17, 2008 -------> AoS approved (card production ordered)

Now for my obnoxious signature Meez©:

0605_10033471973.gif

Filed: K-1 Visa Country: France
Timeline
Posted

As far as I know, it's all about intent in terms of coming to the US on non-K1 or K3 visa and then marrying and adjusting status. It seems like your intent is to come to the US to marry and live with your fiance even if you also have a J1 visa. If you come on a J1, marry your fiance and then adjust, you may have some problems with the appearance of fraud. Not sure though, just my opinion. How long is your J1 valid? Does your J1 have the 2 year residency requirement? If I was in your situation, I'd continue with the K1 so you can adjust status later without any speculation. It could take 6 - 8 months until you get your visa but once you got it, presumably you'd have no problems adjusting status from a K1.

K1

May 2005 - Met in Berkeley, California

July 03, 2008 - Engaged in Paris, France

July 25, 2008 - I129F sent to CSC

July 28, 2008 - Delivery Confirmation @ CSC

July 31, 2008 - NOA1

July 31, 2008 - Check Cashed

Dec 08, 2008 - touch

Dec 08, 2008 - NOA2

Dec 09, 2008 - touch

Dec 12, 2008 - left NVC

Dec 17, 2008 - rec'd at embassy

Dec 31, 2008 - Packet 3 rec'd

Jan 05, 2009 - Packet 3 returned to USEM

Jan 15, 2009 - Packet 4 rec'd :)

Jan 28, 2009 - Medical Scheduled

Jan 29, 2009 - Interview - APPROVED!!!

Feb 02, 2009 - Visa Issued

Feb 04, 2009 - Visa Rec'd :)

May 15, 2009 - US Entry

May 29, 2009 - Civil Ceremony

AOS/EAD/AP

June 16, 2009 - EAD/AP/AOS sent to Chicago

June 18, 2009 - Arrived in Chicago

June 22, 2009 - NOA1s

June 23, 2009 - Check Cashed

June 29, 2009 - Biometrics Letter Rec'd

July 02, 2009 - AP Touch

July 03, 2009 - AP Touch

July 06, 2009 - AP Touch

July 15, 2009 - Biometrics Appointment

July 16, 2009 - AOS & EAD Touch

August 04, 2009 - EAD & AP approved

August 07, 2009 - AOS appt letter rec'd

August 10, 2009 - AP rec'd in mail

August 13, 2009 - EAD rec'd in mail

September 02, 2009 - AOS Interview - Approved!

6129_809760700913_1201708_46195603_1937025_n.jpg

Filed: K-1 Visa Country: France
Timeline
Posted
As far as I know, it's all about intent in terms of coming to the US on non-K1 or K3 visa and then marrying and adjusting status. It seems like your intent is to come to the US to marry and live with your fiance even if you also have a J1 visa. If you come on a J1, marry your fiance and then adjust, you may have some problems with the appearance of fraud. Not sure though, just my opinion. How long is your J1 valid? Does your J1 have the 2 year residency requirement? If I was in your situation, I'd continue with the K1 so you can adjust status later without any speculation. It could take 6 - 8 months until you get your visa but once you got it, presumably you'd have no problems adjusting status from a K1.

Exactly, it's what I understood. On the other hand, I though right to look for a job in the meantime, I found this logical.

I guess I am wrong, but I am going to discuss my situation with the embassy and see if I have to give up this offer or if there is a solution.

Thanks for your comment.

 
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