Can she stay and get married after J1 visa expires?

[EliseJane 0]

Google searched and thought I'd bump this thread. I'm in a very similar situation. My girlfriend's j1 Visa expires in a month and we have been dating for 6 months. I was thinking of doing a k1 visa OR marrying her. The issue is, we both don't want to risk her not being able to get back into the US. From my understanding, a k1 visa is only if your significant other is not in the USA currently, correct?

My big question is, since my girlfriend's visa expires in a month, can we just take our time and get married at the end of the year? I personally had a New Years wedding time celebration in mind or somewhere around the holidays, so it gives us both time to invite friends and family, but I don't want it to hurt her status if she is here illegal for too long. Thoughts??

I'm same situation, I'm the au pair and currently in the country but I want to go home for Christmas but scared I won't be allowed back in because my J1 will be expired in Jan. can we file for K3 visa while I'm here after I get married? How does this all work? I'm from Australia so I don't want to go home and try n come back and not be let in. And there is no way I could be away from him for two years! That's way to hard!!!!!

[ralitzat 0]

No, there is not a k-1 type visa that will allow her to stay legally.

The only options available to you are: 1) marry and file AOS , 2) marry file cr-1 and go home 3) file k-1 and go home.

Trust me, if there was a k-1 you can apply for and stay in the US everyone would do it.

Hello!

I was reading this thread and would like to ask for your advise.

I'm currently on my 60 days grace period (F-1 Visa). Me and my fiancé will be marrying within this period. I know about the forms I-130 and I-485 but I can't adjust my status because I had J1 with 2 years HRR before.

My questions are should we marry, file I-130 and me leave the country and wait until I fulfill my home residence requirement? (I don't think if I could get a waiver :-( )

Do we still have to fill out I-130? Am I lawfully present in the USA during the 60 days period after I marry my fiancé?

I would appreciate your respond! Thanks!