J1 to K1...

[missbluesky 0]

Hello to all!

OK, here's the deal. Last yr, my fiancé and I applied for the K1 - we got the NOA1, but then decided to postpone the wedding yet by the time we sent the USCIS a letter asking to withdraw the petition, we received the NOA2. We've received a few updates from the USCIS and as far as we know, our fiance visa application has been withdrawn - but we maintained in the letter that we were still engaged and intend to marry in 2010 (so although we got the NOA2, we didn't go ahead with the rest of the application ie go to the Embassy, have the interview, and get the visa in my passport). So I've just been offered an internship in San Francisco starting June 2009 to June 2010, but we want to marry in Oct 2010 - and as far as I know, my J1 visa won't be subject to the 2HRR. What we would like to know is, although I'll be on a J1, can we still apply for the K1? We were hoping for the timeline to look a little like this:

June 09 - get J1, go to SF

Jan 10 - apply for K1

June 10 - J1 expires, come back to UK for a couple of months

Jul/Aug 10 - go to embassy, have interview, get the K1 visa in my passport

Aug 10 - move to US

Oct 10 - get married.

I've read on a lot of forums about ppl wanting to get married whilst on the J1, but I was just wondering if it was possible to apply for the K1 whilst on the J1 so that by the time the J1 has expired, I can then get the K1 visa after a couple of months.

Help?

Thank you for reading!

[Bobby+Umit 161]

I would make sure your first petition is actually closed out.

Your plan sounds good to me.

Your timing, however, would be subject to change due to how long it takes to process the petition.

so i wouldn't make hard plans for Oct 10 !

[missbluesky 0]

I would make sure your first petition is actually closed out.

Your plan sounds good to me.

Your timing, however, would be subject to change due to how long it takes to process the petition.

so i wouldn't make hard plans for Oct 10 !

Thank you so much for the quick reply! I really wish we could get final confirmation but the USCIS are as helpful as a chocolate teapot - but I agree, best to make sure the petition is completely closed out.

Well when we applied for the K1 we sent our application off in June, received the NOA1 in July, then got the NOA2 at the beginning of December and had no RFES - so the time span would take probs around 6-8 months. Do you think applying in Jan 2010 for the wedding in Oct 10 is too early? Good luck with your K1!!

[Bobby+Umit 161]

I would make sure your first petition is actually closed out.

Your plan sounds good to me.

Your timing, however, would be subject to change due to how long it takes to process the petition.

so i wouldn't make hard plans for Oct 10 !

Thank you so much for the quick reply! I really wish we could get final confirmation but the USCIS are as helpful as a chocolate teapot - but I agree, best to make sure the petition is completely closed out.

Well when we applied for the K1 we sent our application off in June, received the NOA1 in July, then got the NOA2 at the beginning of December and had no RFES - so the time span would take probs around 6-8 months. Do you think applying in Jan 2010 for the wedding in Oct 10 is too early? Good luck with your K1!!

If only the time lines were standard....

I would not actually plan anything till the visa is in hand

There is case after case here on the forum about people planning big weddings, trips, bought tickets, etc... and then find out it was for naught!

Jan 2010 - yes - baring any problems you should get the visa by Oct 2010....

But....

[rubyred 0]

i would also be extremely careful about making sure you bring evidence with you to the US - when you enter with your J-1 - proving your intent to return to the UK. if the customs official gets wind of your engagement to a USC, they could refuse to let you in if they think you have intent to immigrate. you'll probably be fine, but it's always good to be prepared in any event.