AOS when on a K1 - do i need a J1 Waiver?

[Rads 0]

I am on a K1 (fiance visa) and have recently married my US Citizen Fiance. I have previously been on th J1 twice before (hopitality externships). The first time (2004) i returned back to my home country for 3 years and then reapplied for the second one in 2008. I had only been home for 10 months before my fiance applied for the K1 on my behalf and it got approved. My country IS subject to the 2 year home residency requirement.

My question is, do i still need the waiver now that i am on the K1 - and if so will i run out of time to file for adjustment of status considering that i ony have 90 days on the K1 visa? My K1 will expire at the end of December.

Any advice would be great!

[Barbara J 115]

I am on a K1 (fiance visa) and have recently married my US Citizen Fiance. I have previously been on th J1 twice before (hopitality externships). The first time (2004) i returned back to my home country for 3 years and then reapplied for the second one in 2008. I had only been home for 10 months before my fiance applied for the K1 on my behalf and it got approved. My country IS subject to the 2 year home residency requirement.

My question is, do i still need the waiver now that i am on the K1 - and if so will i run out of time to file for adjustment of status considering that i ony have 90 days on the K1 visa? My K1 will expire at the end of December.

Any advice would be great!

You don't have 90 days on visa you have/had 90 days to get married, if you didn't marry you had till December. your K1 visa is used the minute you arrived in the US Your married now so file for AOS

Edited October 22, 2010 by barbarajlw

[Justine+David 218]

I'm not sure about the J1 requirement, but you can file AOS later on if you want to beyond the 90 days as long as you have married within the 90 days. It's just carries a bit more risk and you can't get a job. Hopefully someone will come along with more knowledge.

[Rads 0]

Thank you all for the replies. My main concern is the J1 waiver. I ask because it is on the 1-485 (part3, question 11) and i wasn't sure if i need the waiver or not before i apply for AOS.