Jump to content
lital

apply for J-1 visa (internship) while K-1 (fiancee) is pending?

By lital in Student & Exchange Visitor Visas

 Share

4 posts in this topic

Recommended Posts

lital Rookie

lital   0

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted

I'm just wondering if this is possible. I've filed a I-129f for my fiancee in India. We received NOA 1 in October. It will be months before we get NOA 2. Is it possible for him to apply and receive a J-1 internship visa before NOA 2?

He's got an internship lined up in the US, but we don't want to spend the money for visa application if he will be denied at the interview. Would they know he had a K visa in progress? I'm worried they would deny the J visa thinking that he's entering the country for marriage only.

So any experience of applying for J visa (or other non-immigrant visa) before NOA 2 is received for K visa?

~ K-1 visa journey ~

12 Oct 2012: NOA1

26 Oct 2012: Expedite request

15 Nov 2012: Expedite request denied :(

15 Nov 2012: Contacted congressman's office

16 Nov 2012: Congressman's office contacts VSC with expedite request

18 Dec 2012: NOA2 :)

[67 days from NOA1 to NOA2]

31 Dec 2012: NVC case number assigned

2 Jan 2013: NVC sent case to Delhi embassy

7 Jan 2013: case arrived to Delhi embassy

1 March 2013: K-1 interview... outcome denial 212(a)(5)(a) :(

TBoneTX Grand Master

TBoneTX   45,668

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread transferred from K-1 Process forum to Student & Exchange Visitor Visas forum -- topic involves a possible J visa. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Noah Lot Rising Star

Noah Lot   391

Posted
Filed: Timeline
Posted

I'm just wondering if this is possible. I've filed a I-129f for my fiancee in India. We received NOA 1 in October. It will be months before we get NOA 2. Is it possible for him to apply and receive a J-1 internship visa before NOA 2?

He's got an internship lined up in the US, but we don't want to spend the money for visa application if he will be denied at the interview. Would they know he had a K visa in progress? I'm worried they would deny the J visa thinking that he's entering the country for marriage only.

So any experience of applying for J visa (or other non-immigrant visa) before NOA 2 is received for K visa?

Quite simply he would have to somehow convince the VO that he would go back to India after his J1 instead of staying put in the US, getting married, do AOS...and really, why would he absolutely have to return to India? There is no reason that seems valid...letters from relatives won't do it, and there is no job offer (which would not be worth anything anyway)...he has only YOU living in the US..so why would he abandon YOU to return to India just to collect a K1 when instead he could have the ever popular 'mind change' that seems to befall about 99% of nonimmigrant visa holders and marry, AOs, etc......that's what he would have to prove beyond a shadow of a doubt that he WOULD NOT do.......

lital Rookie

lital   0

Posted
Filed: K-1 Visa Country: India
 Timeline
  • Author
Posted

Thank goodness, I don't have to worry about this anymore.... Just got NOA 2 in the mail!!! So no point in pursuing J visa when K visa is close now.

~ K-1 visa journey ~

12 Oct 2012: NOA1

26 Oct 2012: Expedite request

15 Nov 2012: Expedite request denied :(

15 Nov 2012: Contacted congressman's office

16 Nov 2012: Congressman's office contacts VSC with expedite request

18 Dec 2012: NOA2 :)

[67 days from NOA1 to NOA2]

31 Dec 2012: NVC case number assigned

2 Jan 2013: NVC sent case to Delhi embassy

7 Jan 2013: case arrived to Delhi embassy

1 March 2013: K-1 interview... outcome denial 212(a)(5)(a) :(

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...