Can I stay in US while applying for a K1 visa..

[SheaNYC 0]

Hello,

So I'll keep it short.

I have been with my partner for a year and half through plane tickets between UK and US and Skype.

I have been in the US however for since June on a J1 visa which runs out next week. I have left this quite late, but we have decided we want to be together and get married. Am I able to apply for a K1 visa while on a J1 through an AOS?

But more importantly, can I stay in the US while this application is processed?

My visa permits me to stay in the US till Oct 25th.

I have trolled the blogosphere and forums for help and nothing as been current or concrete. Any help would be a god send right now!!!

Shea

Side note: Is it advised to apply through an immigration lawyer and if so, any recommendations?

[Darnell 8,479]

K-1 visa? no, sorry, after the I-129F is filed, it gets you no 'status in the USA' to remain whilst waiting for an interview day back at US Embassy/London.

See if you qualify to file an AOS, instead - review http://www.visajourney.com/content/i130guide2 and note that you two would have to get married.

[Ryan H 3,821]

If you were here on a J1, you may be subjected to the 2-year foreign residency requirement before returning on a fiancé(e) or spousal visa unless granted a waiver.

Most people here have said that if your case is straightforward and no complicated, then it is not necessary to apply through an immigration attorney. More complicated cases may necessitate the need for an immigration attorney.

[Darnell 8,479]

I have trolled the blogosphere and forums for help and nothing as been current or concrete. Any help would be a god send right now!!!

well, VJ ain't part of the blogosphere - but

we do have a good search tool here that rips through all of the VJ forums.

search terms for you

'J1 AOS'

then we have this excellent forum on VJ, over at http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ that covers this type of AOS.

Good Luck !

[payxibka 10,047]

Hello,

So I'll keep it short.

I have been in the US however for since June on a J1 visa which runs out next week. I have left this quite late, but we have decided we want to be together and get married. Am I able to apply for a K1 visa while on a J1 through an AOS?

But more importantly, can I stay in the US while this application is processed?

My visa permits me to stay in the US till Oct 25th.

I'll keep it short. NO

You would need to marry first and then AOS via an I-130/I-485 which would allow you to stay... (that is if your J-1 is not restricted with an 2 yr HRR)

Edited September 30, 2010 by payxibka

[SheaNYC 0]

payxibka -

Ok so I need to marry first If I want to apply for an AOS? Not AOS then marry?

When I apply for an AOS via I-130 or I-485 can I stay in this country?

Darnell -

I said forums as well which covers VJ I'm sure. Thanks for the link

Just for the record I'm not subject to a 2 year residency.

[Krikit 1,165]

Since you would be adjusting status from your current visa I am transferring this thread from the K-1 Forum to the AOS From Work, Student, & Tourist Visas. You will find lots of information there.

Edited September 30, 2010 by Krikit

[Harpa Timsah 13,258]

payxibka -

Ok so I need to marry first If I want to apply for an AOS? Not AOS then marry?

When I apply for an AOS via I-130 or I-485 can I stay in this country?

Darnell -

I said forums as well which covers VJ I'm sure. Thanks for the link

Just for the record I'm not subject to a 2 year residency.

If you want to go this route, you get married FIRST, then file Adjustment of Status (AOS), and you can stay here with your new husband while your petition is adjudicated. In fact, you couldn't leave until your got your temporary travel permit (called Advanced Parole) which would come in about 3 months. The whole process will take about 3-4 months.

If you go AOS route, you will file CONCURRENT I-130/I-485 - that is the USCIS jargon.

If you are not ready to get married right away, then you'd have to go home, file K-1, wait however long (6 months ish?) then come back and get married within 90 days of entry to the US.

Good luck!

[SheaNYC 0]

OK this is my main worry now then.

My J1 visa ends on Oct 10th and I have the 25 days where I can stay in the States but can't work. Am I still considered to be on a J1 while on this vacation period?

[Kathryn41 3,205]

If you decide to marry and apply to adjust your status from within the US, once you file the I-485 and it has been accepted, you are considered to have a legal status in the US as an AOS applicant. The J-1 allows you 25 days to tie up your affairs prior to leaving (if I understand that correctly) so you would not start accruing 'out of status' days until your grace period is up. Any time between the time your J-1 status and grace period expires and you file the AOS would be considered 'out of status'. If you collect 180 'out of status' days, then if you do leave the US without the green card you would incur an automatic 3 year ban on being allowed back in. If you collect a year's worth of 'out of status' days, then if you leave the US without the green card you would incur an automatic 10 year ban on being allowed back in.

You know best what you schedule is. Since you entered the US legally on a legal Visa and had no intent on getting married or applying to remain in the US when you last entered, you are allowed to apply for a green card based upon marriage to a US citizen without leaving the country. Once you leave the country, however, you lose that option and will need to follow through with either a fiance or a spousal visa, depending on your marital status at the time.

Edited October 1, 2010 by Kathryn41

[SheaNYC 0]

If you decide to marry and apply to adjust your status from within the US, once you file the I-485 and it has been accepted, you are considered to have a legal status in the US as an AOS applicant. The J-1 allows you 25 days to tie up your affairs prior to leaving (if I understand that correctly) so you would not start accruing 'out of status' days until your grace period is up. Any time between the time your J-1 status and grace period expires and you file the AOS would be considered 'out of status'. If you collect 180 'out of status' days, then if you do leave the US without the green card you would incur an automatic 3 year ban on being allowed back in. If you collect a year's worth of 'out of status' days, then if you leave the US without the green card you would incur an automatic 10 year ban on being allowed back in.

You know best what you schedule is. Since you entered the US legally on a legal Visa and had no intent on getting married or applying to remain in the US when you last entered, you are allowed to apply for a green card based upon marriage to a US citizen without leaving the country. Once you leave the country, however, you lose that option and will need to follow through with either a fiance or a spousal visa, depending on your marital status at the time.

Thank you soo much!!!!

do you think I need an immigration lawyer for the process? I don't plan on occuring out of status days. As an AOS applicant, I can stay in the country and work legally while the application is being processed? My wroking visa is until Oct 10th and grace period until Oct 25th

[Harpa Timsah 13,258]

Thank you soo much!!!!

do you think I need an immigration lawyer for the process? I don't plan on occuring out of status days. As an AOS applicant, I can stay in the country and work legally while the application is being processed? My wroking visa is until Oct 10th and grace period until Oct 25th

No lawyer needed. Look at the forms, get familiar with what is going on, follow instructions, and you should be fine. All a lawyer does is fill out forms by asking YOU what to put (info about yourself etc).

Here is the link to the VJ guide again.

http://www.visajourney.com/content/i130guide2

You cannot work while your application is being processed, sorry. But you can stay here (in fact, as I said, you MUST stay here). Once your J-1 visa is over, that's it until you file your concurrent I-130/I-485 (AOS) and get the temporary Employment Authorization usually called EAD (Employment Authorization Document). You will be legally here once your application is initially accepted, but you don't have any status per se, until you get these temporary documents. The EAD and Advance Parole (travel) should come in about 3 months, and the whole process to get your green card (which renders the temporary documents no longer needed, as the Green Card does all of that) will take 3-4 months total. (Some people get their green card before their EAD is approved, and USCIS still processes the EAD which is a huge waste of resources, but hey, that's another story )

Also, check out the progress subforum here to see people's most recent timelines.

Good luck!

[Darnell 8,479]

Thank you soo much!!!!

do you think I need an immigration lawyer for the process? I don't plan on occuring out of status days. As an AOS applicant, I can stay in the country and work legally while the application is being processed? My wroking visa is until Oct 10th and grace period until Oct 25th

Good Lord...............

This type of question

leads me to believe

that

you've not studied the Visa Journey Guides.

Did You Know???????????

Visa Journey, The WebSite

has a very comprehensive Guides Section, up at http://www.visajourney.com/content/guides

Look, you...

Knowledge Is Power

If you decide not to be powerful, then you've lost ALL of yer knowledge .

Pick something, and Then Read Something , soonish ! ! !

Good Luck, whatever you decide to do, or read. ! ! !

(Reading is Important - You Should decide what to read, then................. Read it !! )

[Darnell 8,479]

Darnell -

I said forums as well which covers VJ I'm sure. Thanks for the link

Just for the record I'm not subject to a 2 year residency.

I hope, by now, that you've decided, that

Language is Important !

Definitions are important,

and

nomenclature is/are important.

Yer life, as it is, depends on the correct interpretation of Nomemclature

You wish to marry yer spouse, remain in USA? Cool - study ---------------------> http://www.visajourney.com/content/i130guide2

then

Go Forth.

Don't Skip the part for 'Study'

as

IF/WHEN you 'skip it'

ICE will be want to contact you for deportation. This is serious stuff, you should study it/all.

Good Luck ! whatever/whichever path you choose !