Might Previous J-1 Speed K-1 Processing Time? [split topic]

[andres caban 0]

Don't mean to ask for help on someone Else post but if my fiancé was in America before on a j1 visa would our process time for the k1 fiancé visa be quicker than usual, it was only this year that she left so she must be in the system. I was woundering if anyone new or had a similar situation

[A'n'L 735]

No, it won't.

[Ash.1101 1,756]

Nah, it'll go the same speed as any one elses would. Being in the system doesn't affect it must unless they're in the system for something bad, then it'll just be harder lol.

[Unlockable 7,314]

Nope.

[RandB 156]

Don't mean to ask for help on someone Else post but if my fiancé was in America before on a j1 visa would our process time for the k1 fiancé visa be quicker than usual, it was only this year that she left so she must be in the system. I was woundering if anyone new or had a similar situation

Like others have said, no it won't. However, J1 visa holders have to live outside of the US for two years before being able to return, unless other stated on the visa. Maybe you already know this? Here's information about a waiver of the two year requirement: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html.html

[andres caban 0]

So my fiance became pregnant and then we moved to south africa before her visa became expired. So she still has to live in south africa for two years before i can send this application in? We have a child born abroad with dual citizenship. Doesn't that account for anything?

[Ash.1101 1,756]

So my fiance became pregnant and then we moved to south africa before her visa became expired. So she still has to live in south africa for two years before i can send this application in? We have a child born abroad with dual citizenship. Doesn't that account for anything?

No it doesn't matter. The government doesn't see babies as anything more than proof two people had sex, and they see it as a "well you should of thought about it before you did it" kind of thing. She still has to fufill her two year at home J1 requirement before being able to come here, baby or no baby. There are waivers for this ( https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver/ds-3035-faqs.html ) , BUT you have to be married for a waiver, and it'll be hard to prove hardship because you BOTH moved to South Africa and put yourself into this position. You could try for hardship on the baby, but the baby would need to be in the US, and I don't think you can separate the baby from her to CREATE hardship. Hardship has to be based off a USC spouse, or the USC baby, BECAUSE the beneficary isn't in the country. f ya'll have moved to south africa and are doing okay enough to want just a K-1, I don't think they'll see hardship for either you or the baby. Hardship can be very hard to prove.

If she has the two year at home requirement, she HAS to do her two years. There was a case recently of a wife being denied her green card because she hadn't completed her two years out of the country. Basically she was in on J-1, got married, and tried to adjust status based on marriage to a USC. They told her she needed to go back home, live there for two years, THEN apply for a spousal visa as she was ineligible for her green card or any other entry way into the country until she completed her two years.

Edited November 16, 2016 by Ash.1101

[andres caban 0]

So her cousin did the smart thing her j1 expired then married her now husband. I wanted to do this but... so even with the waver there is no way around it. She's been there for almost a year now do you think that will account to anything? I have the i129 application filled out wth every single thing needed and your saying there's not even the slightest chance a could get approved? Thank btw for responding

And no to the answe if she's in the system for anything else haha I am but it's not said on any of the criminal questions the application asked

[Ash.1101 1,756]

If she has the two year requirement, then she'll have to wait the two years before the visa is issued.

You -could- send in the I-129F petition and then just continuously stall out the interview until two years has passed, you could also just go with and see if they just accept her for the hell of it, but then there's still also the chance they would catch the requirement when doing AOS.

If you are 100% sure she has a two year requirement, then you will need to wait. If she doesn't have the two year requirement then you can go on as planned.

And no, that wasn't the smart thing per se, she was just lucky. Like I said, there was a thread recently (that I'm trying to find) where a woman had came on a J-1 got married, then applied for her green card, and was denied because she did not complete her two years at home.


Just as a note in this thread, the OP says that on the DS-160 (the visa application you fill out for K1) it asks if you are an exchange visitor who has not fufilled their two year requirement yet. http://www.visajourney.com/forums/topic/605200-former-j1-applies-for-k1/

Edited November 16, 2016 by Ash.1101

[andres caban 0]

What's is the aos? Yeah I'll have to look into how aupair agency and her paper work to find out more info but I appreciate the feed back. Looks like I'll just have to move back there i, not going to live away from my daughter for another year

[Ash.1101 1,756]

What's is the aos? Yeah I'll have to look into how aupair agency and her paper work to find out more info but I appreciate the feed back. Looks like I'll just have to move back there i, not going to live away from my daughter for another year

AOS is Adjustment of Status. K-1 is simply to come into the country to marry with INTENT of immigrating. But it's not actually immigration itself. After your fiance would come into the country on a K-1 visa, she would marry you within 90 days of coming into the country, and then after marriage, she would apply for Adjustment of Status for a green card. It's a lot like the K1 process, just more paperwork and a potentially tougher interview.

Without doing AOS after marriage in the US on a K-1 visa, she'll eventually become out of status, which could be problematic the longer she doesn't apply for her green card.

K-1 process is two steps, coming into the US on a K-1 visa to marry with intent to immigrate and THEN the adjustment of status process to actually immigrate and become a green card holder.

Search "K1 J1" in the search bar on the far right, it should help out a bit, there's a lot of topics of people talking about the same thing.

Older thread but still relevant info: http://www.visajourney.com/forums/topic/242779-j1-visa-2-year-requirement-k1-application/

Edited November 16, 2016 by Ash.1101

[andres caban 0]

Ohh okay gotcha, well lets hope for now that we will get accepted for the k1 next if denied well we'll have to do like all the 100,000 illegal immigrants do in America, it's so messed up that we have been trying to do everything the legal way yet somehow there's always something

[Unlockable 7,314]

Ohh okay gotcha, well lets hope for now that we will get accepted for the k1 next if denied well we'll have to do like all the 100,000 illegal immigrants (it's not 100,000 it is over 11,000,000) do in America, it's so messed up that we have been trying to do everything the legal way yet somehow there's always something

Is this a joke???

There are tons of people who have to or have waited longer than you to be the loved ones but your answer is, "If I don't like the process then I will just break the law." We are collectively on this site to find out how to do things the right way. Not how to cheat the system.

You just insulted everybody that has taken the time to help you, especially ASH.1101, by that comment.

Edited November 16, 2016 by NuestraUnion

[Ben&Zian 4,398]

Just to comment on the J-1 thing here.. my partner had two J-1's in the US before, it did not necessarily help at all plus it made the US have to do it's own background check on him in New York state.

And even at his interview, they had to take both his old and new passport because they said they had to confirm he completed his 2 year home stay rule(which he had by about 4-5 months already); but key thing is they do check and they do hold you accountable to completing the home stay.

Now back to watching...

[sfcscott 34]

Is this a joke???

There are tons of people who have to or have waited longer than you to be the loved ones but your answer is, "If I don't like the process then I will just break the law." We are collectively on this site to find out how to do things the right way. Not how to cheat the system.

You just insulted everybody that has taken the time to help you, especially ASH.1101, by that comment.

Actually, NeustraUnion is right on point. You did insinuate using of illegal means, if you didn't get your way. You are right, we don't know your whole story, but you put what story you wanted out there for us to read. You pretty much made your bed, now just lay in it for the next 2 years and don't do something illegal.