K-1 Visa whilst holding a J-1 Visa

[shanebullen 0]

Hey all!

 

I'm currently in a relationship with a girl I've met in the states whilst being on a J-1 Visa as an Au Pair. My visa is up in September, in which time she intends to travel with me back home to Australia for 6-8 months where we will likely become engaged, before we then come back in May 2021 & I will work as a camp counselor on a new J1 Visa. The J-1 Visa for 2021 would likely be from roughly May-August. 

 

My question is, if we start the process of a K-1 (or another spousal visa) whilst she is in Australia between Sep 2020 - May 2021, will myself being on a J1 from May 2021-Aug 2021 affect this? Will I be able to hold both visas simultaneously? What is some advice I guess? Ideally, I'd like to stay in the states with her full-time once the camp is finished in 2021, would I be able to switch over from the J1 to the K1, if the K1 Visa has been approved?

 

Happy to provide more information if this isn't clear.

[payxibka 10,047]

No switching from one to the other.  They are two separate visas.  

[shanebullen 0]

So if I come over on the J1, is it possible to get married over here & not have to return home?

[payxibka 10,047]

12 minutes ago, shanebullen said:

So if I come over on the J1, is it possible to get married over here & not have to return home?

You cannot use a nonimmigrant entry with a preconceived plan to circumvent the immigration process.   If you changed your mind after you entered then you can 

Edited April 15, 2020 by payxibka

[shanebullen 0]

Ok, no problems. What do you suggest?

[payxibka 10,047]

4 minutes ago, shanebullen said:

Ok, no problems. What do you suggest?

If you are currently in the USA and intended to go home but now have changed your mind and want to get married, then go for it. 

 

If you leave and reenter in 2021 on a J1 with the plan to remain, then that is a no no.

 

Its all about what was the plan the day you entered. 

Edited April 15, 2020 by payxibka

[shanebullen 0]

Just now, payxibka said:

If you are currently in the USA and intended to go home but now have changed your mind and want to get married, then go for it. 

 

If you leave and reenter in 2021 on a J1 with the plan to remain, then that is a no no.

Ok. Plan is to go home in September & come back on the J1. Is it possible to apply for the K1, whilst at home, and come back on the J1, whilst the K1 application is processing & taking time? 

[payxibka 10,047]

1 minute ago, shanebullen said:

Ok. Plan is to go home in September & come back on the J1. Is it possible to apply for the K1, whilst at home, and come back on the J1, whilst the K1 application is processing & taking time? 

Sure because you petition first.  You apply for the Visa after petition approval.   

 

You would need to go home for the Visa interview 

[shanebullen 0]

6 minutes ago, payxibka said:

Sure because you petition first.  You apply for the Visa after petition approval.   

 

You would need to go home for the Visa interview 

Ok, so say we become engaged whilst back in Australia & begin the K1 process, I then also apply for a J1 to work temporarily, I head back to the states to work, the K1 is available and processed, I head back home for the interview & then come back in on the K1? Is that a likely route? Am I on the right track?

 

Sorry for all the questions!

[payxibka 10,047]

5 minutes ago, shanebullen said:

Ok, so say we become engaged whilst back in Australia & begin the K1 process, I then also apply for a J1 to work temporarily, I head back to the states to work, the K1 is available and processed, I head back home for the interview & then come back in on the K1? Is that a likely route? Am I on the right track?

 

Sorry for all the questions!

Your using terminology wrong but you are beginning to understand the process flow 

[shanebullen 0]

Just now, payxibka said:

Your using terminology wrong but you are beginning to understand the process flow 

Thanks very much!

 

Just hoping it's all doable with that rough plan of ours!

[shanebullen 0]

Will it matter if myself & my American fiance are both living in Australia whilst going through the initial K1 process prior to the Embassy interview? Does she need to be in the States whilst this process is taking place?