J1/k1 visa and marriage

[NewMexicoOso 0]

Hello my girlfriend soon to be  fiancé is from Colombia. There is a chance that she will have to do a j1 visa for a au pair nanny job. That would stop or k1 visa process correct ? Or can we still file for a k1 visa while she getting her j1 ? We haven’t filled the k1 paper work yet. 

 

if we can’t do the k1 because she might have to get a job here on a j1 what are options? I love this women and want to spend my life with her. The j1 is out of our hands if she has to do it. 

 

We don’t plan on it ending are relationship. I know some country require a two year waiting period for j1 holders after j1 is over does Colombia for Au pair nannies ? Can I marry her when she here and file for the waiver to stay after j1 job is over ? 

 

Any help would be appreciated as this is all very stressful for us both.

 

Thank you

[aaron2020 11,651]

A J1 is a non immigrant visa and the person using it must enter the US without the intent to stay.  You want her to stay, so the J1 is not the correct visa.  Apply for the K-1 if you want her to come and stay.  

 

It would be visa fraud for her to tell the CO she intends to go home after the J1 when her real intent would be to stay with you.  Don't do this.  

[NewMexicoOso 0]

Aaron either I wrote it wrong or you miss understand what I’m trying to say.

 

im not telling her to come here on a j1 visa. It’s out my control. She has pressure to find a job.

 

What im trying to figure out is if I can’t talk her out of the j1 visa. What options we have once  the j1 visa is over. 

 

I read that that they have a two year limit that she’d have to go back to her home country. But also that you get file a waiver. 

 

We want to do k1 or k3. But if she is pressured in to j1 I’m trying to figure out after it’s over what are options are. Do we have to wait two years?

 

If I marry her before or after the j1 over will that omit the two year home country restriction. I’m not talking about having her come here on a J1 to be with me. 

[Unlockable 7,315]

Forget about the K3. It is virtually dead.

[aaron2020 11,651]

The K3 doesn't work.  Very few are issued. 

 

A K-1 means waiting 5-6 months in the US waiting for work authorization.  If she needs to work, it's gonna be a problem.

 

If she intends to go home after using her J1, then she's fine.  She can't use it to come and immigrate with the intent to stay and be with you.

 

You can marry anytime you want.  You do not have to wait for the 2 years to be over to marry.

 

Not all J-1 have the 2 years HRR.  She would only need the waiver if she had the 2 years HRR.  Marriage to you does not get rid of the 2 year HRR; a waiver is required.  

Edited April 12, 2019 by aaron2020

[NewMexicoOso 0]

Aaron do you know if counties often but the two year hhr on nannies ?