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choijw

Can I apply for J1 while I130 pending?

By choijw in IR-1 / CR-1 Spouse Visa Process & Procedures

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choijw Rookie

choijw   0

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Filed: IR-1/CR-1 Visa Country: China
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hello all,

I have a question and will be rwally appreciated if anybody can help! My husband filed I130 for me 6 month ago, unfortunately, we didn't receive our NOA2 yet and don't know when it will.

Since it's still a long time to wait until I will eventually get the visa, I am wondering if I can apply for a J1 visa and enter the U.S. in the meantime? I already got a postdoc position.

Doea anybody know what to do in this situation? Thanks a lot!

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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They may question a J1 non immigrant when you are applying for a immigrant visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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J1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Carre23d Apprentice

Carre23d   2

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Filed: IR-1/CR-1 Visa Country: Morocco
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You won't be able to get that J1. My husband was looking to the study in the U.S. before we even got married, so we called various attorneys and the college to find out what would happen...they told us that the J1 will very likely be turned down.

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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With a pending I-130 you show immigrant intent. Don't waste your money applying for a J1.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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You won't be able to get that J1. My husband was looking to the study in the U.S. before we even got married, so we called various attorneys and the college to find out what would happen...they told us that the J1 will very likely be turned down.

OP is from Switzerland.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Carre23d Apprentice

Carre23d   2

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Filed: IR-1/CR-1 Visa Country: Morocco
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Boiler, when you have an I-130 on the way it really doesn't matter if you're from Switzerland or from China. They will very likely deny the J1. Plus, USCIS is unpredictable. There are couples whose immigrating spouse is from Canada and they're facing a serious wait due to security clearances while spouses from Morocco just breeze by. So you're statement is quite misleading.

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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OP can visit without issue. Pushing for a J1 and having it declined would likely impinge on that. Do not know if is relevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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As you're from Switzerland, visiting shouldn't be too much of an issue. Use ESTA and VWP

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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