Is My Girlfriend Eligible for the K1 based on her current Visa Status?

[CKnight 1]

My girlfriend is an in the Au pair exchange program and she has been in the United States for over 2 years. She was under the J1 student visa, and she is now waiting for what she says is an extension of that. She is still here legally and has filed for an extension (which see is still waiting on), but with the way our relationship is going, we are likely to be married. I read that there are those under the J1 visa who would be required to return back to their country for a two year residency requirement. How does one know if that applies to them? Can we do the K1 visa under the J1 visa? How does that work exactly? 

Edited October 8, 2020 by CKnight

[powerpuff 6,705]

Why do a K1 when you can apply for adjustment of status after marrying in the US?

 

this is what I found regarding the 2 years residency requirement:

 

”

Some J-1 visa holders are required to return to their home countries and remain there for a period of two years. Visitors must not neglect to do this or else they will not be able to apply to become permanent residents in the future. Those who are subject to this rule include the following:

• An agency in your government or in the United States' government paid for your program in whole or in part. You may also have been funded by an international organization that receives money from the US government or your own government.

• It has been designated that the visitor's home country doesn't have enough people with his or her specialized knowledge or skill set living within its borders, and the visitor acquired this knowledge or skill set through the J-1 program.

• The visitor was trained as a medical resident or an intern in the United States through the J-1 program. “.                                                                  
   

•  https://www.novacredit.com/resources/is-it-possible-to-transition-from-a-j-1-to-a-green-card-in-the-us/

[JeanneAdil 6,510]

Even if she has to retrurn for 2 years ,  it is taking 12 to 14 months to do a normal CR1 spousal visa and you can dely it at the  NVC stage by doing the AOS and visa application and pay the 2 fees when you are ready (up to a year ) 

otherwise you have time to marry and apply and a spousal application is always a stronger case that fiancee

 

meantime you would be commingling finances and strengthening the proofs for the visa by adding her to tax returns,  a rental agreement,  etc