J1 holder to K1 or K3?

[Moriwood1015 0]

I'm a J-1 holder, currently working in the US as an intern. Me and my fiance want to get married before my J-1visa expires. First of all, am I able to quit my internship and move to another state to live with my fiance and get a legal work permit? Should we wait until after we get married and apply for K3 or go straight for the K1? Do I follow the normal marriage visa procedure or is there anything special we have to do due to the current J1 status? I havent found any info on working visa(work permit), what is the best route to get quick residence and working status?

Sorry for the all the random questions. We've been looking and still had these questions so we thought we'd post 'em up here. Thank you so much for taking time to help me out!

Edited November 5, 2013 by Moriwood1015

[Ryan H 3,834]

***Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas.***

**Moderator hat off**

You wouldn't need to apply for a visa, you simply need to adjust your status. This process is started by concurrently filing forms I-130 and I-485 after you receive your marriage certificate.

[kmiami15 8]

If you get married there is no point for the fiance visa.... you would just file for adjustment of status I130, I485, I765 and I131 (last two are optional but highly recommended)..... you would need to wait for your work permit to arrive while your green card is in process in order for you to be able to work.... Maybe there´s another VJer that can provide insight in regards to the J1-AOS-GC holder status in your case, but you would just fill out the forms I mentioned and make sure you follow and submit all the evidence and documentation that is required.... of course, all of this after getting married... good luck!

[PalmTrees 34]

I had a J1 and was told you need to have that job and that job only for the current visa to be valid, otherwise you would have to go home as you would be out of status. You can't move to another state and apply for a work permit, without adjusting status. And you can't adjust status without getting married. I'm sure others can explain things better.

Providing there is no 2 Year Home Residency Requirement, you would be able to marry and file the forms for AOS. Applying for a K1 would mean having to leave at the end of your programme.

A friend of mine is considering marrying at the end of her programme during the month you get as just a tourist, and filing the forms then. That way she can save up money until the last possible moment (as you won't be able to work as your AOS forms are processed).

Hope some of that makes sense/helps!