Do you need an attorney to adjust from type R( j 1 visa) to k3?

[Charles' Angel 0]

Hello all,

I have a question that I can't seem to find the answer to. We have a friend who is currently in the Unites States on a Type R (J1) visa and he is about to get married to a U.S. citizen. The question is, will he have to go back to his country after getting married or can he remain in the U.S. because he heard that his current visa is changeable but he still has to leave the country after he has been married. Is this true? Please advise as the wife to be is concerned about her husband to be having to leave. Thanks!

[Penguin_ie 5,997]

I may be wrong but R visas are generally for religious people (ministers etc), and J1 for students. Which one is it? I am asking because the J1 may have a home stay requirement, in which case he would need to go back to his country for 1 or 2 years.

If no home stay requirement, and the husband did not plan on getting married and immigrating when he came to the US, no K3 will be needed; he can simply adjust status from his current visa to a green card based on marriage to a US citizen.

[rebeccajo 14]

Moving to the appropriate forum.

I would add that it's always a good idea to seek competent counsel on all matters of adjusting status from a non-immigrant visa.

Edited September 25, 2009 by rebeccajo

[KIMCORENE 0]

He may be able to apply for AOS if:

A. His visa does not have the 2 yr. residency requirement, OR

B. His visa does have the 2 yr. residency requirement, but he is eligible to have it waived, which requires the permission of his home country, depends on what was the purpose of the J-1 Visa and the permission of the U.S. Dept. of State.

See www.state.gov for information on this. HTH.

[Charles' Angel 0]

Thank you all for your responses!

[Enlighten one :) 5]

K3 is for entry. So he/she would have to go home to apply for the K3. Taking into consideration the information provided above. IT would be an AOS or have to go home and file.