J1 while IR-1 is processing? (split topic)

[shan77 0]

hello,

I had a question regarding applying for and going to the US on a J-1 visa while an IR1 is processing.  I am an american citizen that has been living abroad with my husband (brazilian) and planning to move back to the USA and file his IR1 application.  Here is my question, hopefully someone has had a similar experience: 

After I file the IR1 for my husband, can he apply for a J-1 visa based on an invitation he has received for a post-doctoral program in the USA and enter the USA on the J-1 visa while the IR1 is processing?  Will filing the J-1 application cancel the IR1 application in process?  If he is able to enter the US on the J-1 visa, can i then file for adjustment of status for his case and change of address so the rest of the application can be processed while he is doing his post-doctoral program in the USA and he doesn't need to wait outside the USA? (note: his J-1 post-doctoral program does not have a two year residency requirement that would require him to return back to his country after the post doctorate was completed). 

 

Thanks!!

[Boiler 46,262]

33 minutes ago, shan77 said:

hello,

I had a question regarding applying for and going to the US on a J-1 visa while an IR1 is processing.  I am an american citizen that has been living abroad with my husband (brazilian) and planning to move back to the USA and file his IR1 application.  Here is my question, hopefully someone has had a similar experience: 

After I file the IR1 for my husband, can he apply for a J-1 visa based on an invitation he has received for a post-doctoral program in the USA and enter the USA on the J-1 visa while the IR1 is processing?  Will filing the J-1 application cancel the IR1 application in process?  If he is able to enter the US on the J-1 visa, can i then file for adjustment of status for his case and change of address so the rest of the application can be processed while he is doing his post-doctoral program in the USA and he doesn't need to wait outside the USA? (note: his J-1 post-doctoral program does not have a two year residency requirement that would require him to return back to his country after the post doctorate was completed). 

 

Thanks!!

J1 is a non Immigrant visa, to immigrate you need an Immigrant Visa.

[Ryan H 3,834]

Posts split from unrelated thread.

[mallafri76 1,012]

Like Boiler said, you can't use a non-immigrant visa like the J-1 with the intent to immigrate. That's visa fraud. 

 

You know you don't have to live in the US to file the I-130, right? And I think Brazil allows for DCF, as long as the USC is a resident of Brazil?!

 

If I were you, I'd do DCF, which is faster than the general spousal visa route and then either hope the have the immigrant visa before the doctorate starts or postpone the doctorate until you have the IR-1 visa.

[Ryan H 3,834]

4 hours ago, mallafri76 said:

Like Boiler said, you can't use a non-immigrant visa like the J-1 with the intent to immigrate. That's visa fraud. 

 

You know you don't have to live in the US to file the I-130, right? And I think Brazil allows for DCF, as long as the USC is a resident of Brazil?!

 

If I were you, I'd do DCF, which is faster than the general spousal visa route and then either hope the have the immigrant visa before the doctorate starts or postpone the doctorate until you have the IR-1 visa.

 

DCF is not available in Brazil, there is no USCIS field office there.  As a general rule of thumb, check the USCIS website for locations of "International Offices" before suggesting DCF to someone if you are not sure of its availability for a given location.

[shan77 0]

Hello,

Thank you for the responses.  However, we wouldn't be attempting to immigrate on a J-1 visa.  I have already filed the I-130 for my spouse and the process is undergoing, which takes about a year to complete I believe.  During this year, could my spouse do a research fellowship in the USA under a J-1 visa, then when the I-130 is approved do an adjustment of status from the J-1 to the permanent resident? 

 

I believe there are people with non-immigrant visas similiar to the J-1 in the USA while they are waiting for their I-130 to process, and then they adjust status when approved.

 

Our difference would be the I-130 is submitted and processing before a J-1 visa is requested and the research fellowship begins, so I believe most people have the non-immigrant visa for work or study first and then would apply for the I-130 afterwards,? in our case it would be reversed. 

 

I really appreciate any feedback.

Thanks!

[milimelo 4,572]

Embassy will promptly deny J-1 on the basis of immigrant petition in the works. 

 

But if you want to try that avenue and have money to spare go for it.