Timing to file I-129F

[Mr. Coco 0]

I have a pretty strange case on my hand. I am a naturalized citizen, and my fiancee is physically in the U.S. right now, working as an Au Pair since August 2011. However, she needs to return to her home country to receive some medical attention that she needs - her flakey travel insurance did not cover for the medical services that she needed. She will not be coming back to finish up her one-year term as an Au Pair, and we expect her J-1 visa to be terminated in February 2012. Here's the current timeline, to simplify:

* August, 2011 - my fiancee comes to work as an Au Pair

* January, 2012 - my fiancee will go back to her home country to receive medical attention

* February, 2012 - we expect my fiancee's J-1 visa to expire

My question is, should we file I-129F (K-1 visa petition) while her J-1 visa is active, or after we confirm that her visa is expired in February? It's a strange case - if we file in January, her visa is going to expire while it is being processed... thanks ahead for your help.

[Pitaya 2,577]

It appears that you have two visa choices, K-1 or CR1. Take a look at Guides , for further information. She will likely be going back to Japan when her current visa expires. You may want to consider starting the K-1 process ASAP, get the clock started. Doubtful that she can stay in USA while the K-1 process trudges along. Keep everything above board, any miscues, or attempts to circumvent their system will only result in further issues and complications down the road.

I am fairly certain others will comment on your topic.

Good luck,

YMMV,

The B of A&B

[Pitaya 2,577]

It appears that you have primarily two visa choices, K-1 or CR1. Take a look at Guides , for further information. She will likely be going back to Japan when her current visa expires. You may want to consider starting the K-1 process ASAP, get the clock started. Doubtful that she can stay in USA while the K-1 process trudges along. Keep everything above board, any miscues, or attempts to circumvent their system will only result in further issues and complications down the road.

I am fairly certain others will comment on your topic.

Good luck,

YMMV,

The B of A&B

forum hiccup....sorry..

Edited January 7, 2012 by A&B

[GandK 168]

Just file K1 asap, we filed ours when I was in the USA. Answer question #12 in the I-129f form truthfully.

[Moomin 292]

Is the J-1 with or without a 2 year home residency requirement?

Link: http://travel.state.gov/visa/temp/info/info_1296.html

Edited January 8, 2012 by moomin

[Gary and Alla 3,694]

I have a pretty strange case on my hand. I am a naturalized citizen, and my fiancee is physically in the U.S. right now, working as an Au Pair since August 2011. However, she needs to return to her home country to receive some medical attention that she needs - her flakey travel insurance did not cover for the medical services that she needed. She will not be coming back to finish up her one-year term as an Au Pair, and we expect her J-1 visa to be terminated in February 2012. Here's the current timeline, to simplify:

* August, 2011 - my fiancee comes to work as an Au Pair

* January, 2012 - my fiancee will go back to her home country to receive medical attention

* February, 2012 - we expect my fiancee's J-1 visa to expire

My question is, should we file I-129F (K-1 visa petition) while her J-1 visa is active, or after we confirm that her visa is expired in February? It's a strange case - if we file in January, her visa is going to expire while it is being processed... thanks ahead for your help.

A k-1 or CR-1 filing has nothing to do with the timing of her J-1. Does not sound like your case is in any way strange or complicated. The visas are not related in any way.

[Mr. Coco 0]

Thank you for all your suggestions. I forgot to mention that she is not subject to the 2-year rule. We will start filing right away, thanks.