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Filed: J-1 Visa Country: United Kingdom
Timeline
Posted

I am a British citizen and my Fiance is an American Citizen. I have been approved for a J-1 Visa this summer (April to October 2017) and my interview date is in March. We only got engaged recently and are now trying to figure out the legal side. I have done a lot of research into marriage and then applying for a CR-1 vs applying for the K-1 Fiance visa and then doing the AOS. We would like to start the K-1 process in time to plan the wedding for a year or so time (May 2018). Working backwards with the time constraints of the K-1 visa (90 days to marry after entry, 6 months to enter after being approved, 3-6 months from filing form I-485 to getting the visa) is would make sense to start applying for the K-1 in about June. The problem being that by that time I will be in the USA on my J1 visa, with full intent to return back to England in October until the K-1 is approved. We do not want to be illegal or jeopardize either the J1 or the K1.

My Question: Is it legal to apply for a K-1 fiance visa whilst I (the British Citizen) am in the USA on a J-1 visa?

Filed: Timeline
Posted (edited)

Yes it's legal to apply for a K-1 visa while in the US in another status. One thing to check is whether your J-1 visa will be subject to the "two year home residency" requirement (i.e. whether or not you must live back in the U.K. for two years upon completion). For U.K. J-1's this just tends to be if the funding comes from a government source. If so, you would have to also apply for a waiver.

 

Oh, and the I-485 is nothing to do with the visa. This is for adjusting status once you've entered and married.

Edited by Brit1
Posted

Does the J1 have a 2 year return home requirement?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: K-1 Visa Country: Wales
Timeline
Posted

I would imagine most would just marry and adjust when you are in the US.

“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.”

Filed: J-1 Visa Country: United Kingdom
Timeline
Posted

Thanks so far, I do not have the home stay requirement so that wouldn't be an issue and you're right I meant the I-129 thanks.

 

Do you know where I would be able to find information that confirms that it is legal to apply for a K-1 whilst on a J-1?

 

 

Filed: Timeline
Posted
2 minutes ago, SoonaMrs said:

Thanks so far, I do not have the home stay requirement so that wouldn't be an issue and you're right I meant the I-129 thanks.

 

Do you know where I would be able to find information that confirms that it is legal to apply for a K-1 whilst on a J-1?

 

 

I don't think you'll find a document that states this. But nothing precludes you from applying for a k-1 visa from in the US. 

 

As Boiler states, it's probably quite rare to do this since one would just apply to adjust. Why not wait until you're in the US under your J-1 and then plan when to marry, and how to deal with the immigration procedure.

Filed: J-1 Visa Country: United Kingdom
Timeline
Posted

I guess I'm a little nervous because the J-1 itself is specific to being a cultural exchange visa with no intent to stay. This is where, if I married whilst on a J-1 apart from it being quick and not much time to plan, I believe it would be visa fraud and the AOS would be tricky to get? 

Filed: K-1 Visa Country: Wales
Timeline
Posted

You will find hundreds of people just on this site who adjusted from a F1, J1 etc etc.

 

Intent is assessed on entry not at adjustment.

“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.”

Posted

You wouldn't be applying for the visa while in the USA.  Your fiance would be sending a petition, the I-129F.  It doesn't matter if you're in Timbuktu or the USA or when the petitioner sends this because all it does it allow you to apply for a visa if approved. I do agree with boiler that most people would adjust status, however most shouldn't be intending to stay to begin with but rather changing their minds after entry. 

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

 

Posted
3 minutes ago, caliliving said:

U apply for AOS not a visa, because you were legally allowed in on your J1 visa! 

OP is not currently in the USA. 

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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