J-1/k-1

[MarcRMN 0]

Hey guys,

 

I have several questions and hope you guys can help me out a bit.

 

My fiancé and I are about to start the visa application process but don't know exactly how to approach it yet.

I am from Germany and studied in the US where I met my now fiancé. I finished school last year in May and then started an OPT that ended in May 2018 due to the company I was working for losing business.

I had to go back to Germany and we are currently planning how to best approach the situation. I am currently still holding a J-1 (valid through Dec 31, 2018) Visa but my Sevis expired when I lost my job and now I have several questions:

 

1. Does the fact that I still technically have a J-1 pose any problems when applying for a K-1

2. Would it be from a timeline perspective be smarter to apply for a K-1 or to enroll in school again on a J-1/F-1 which would allow me to work after going to school for 1 year and then just file for AOS while being in school.

3. Does anyone know if I can travel to the US through ESTA while having a pending K-1 application.

 

I know this is a lot and I really appreciate any form of help.

 

Best,

Marc

[Roel 7,193]

Since your intent is clearly immigrant, K1 is the way to go. 

[Sarah&Facundo 602]

I can only help with the third question and yes, you can travel to the US with a pending K1. My (now husband) did this twice.

[Jojo92122 1,924]

1. No problem.

2. K-1 is your only choice for immigration.  From an immigration perspective, it would be immigration fraud for you to enter the US on the J-1/F-1 non immigrant visas with the intention to immigrate by AOS.

3. Yes you can travel.

 

Be careful of #2 and using non-immigrant visas with the intent to immigrate.

[BJ & Christine 1,392]

U can travel as everyone has said. U have 2 options. Marry and file cr-1 or do k-1. Both are taking about same mount of time anymore. So no real time savings doing cr-1. 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.