J1 while I-129f (K1) pending

[anna+sam 0]

Hello, I'm not sure the best place to ask this so I'll ask in multiple forums. I scoured the existing forums on J1's and I-129f's/K1's but nothing quite fit our situation.

 

I am an American engaged to a Canadian, we filed our I-129f at the beginning of August and await the NOA-2. My fiancé had an approved and ready to use DS2019 for work as a summer camp counselor in 2020 (while we were just dating) that was not used as the camp cancelled their program due to Covid-19. The agency which handled his J1 are rolling over all visas to be usable for the 2021 summer. I am curious if anyone knows whether it is possible for him to still use this J1 (technically still a DS2019) for summer 2021, even though there is an ongoing I-129f petition for immigration. I'm assuming that the interview stage of our visa will happen sometime in the fall of 2021, and so we would likely already have our NOA-2 by next summer, but waiting for the final interview step. He spent quite a bit of money and effort into getting the DS2019/J1 and would love to be able to still experience working at camp this next summer as his visa is technically still viable, however, we really don't want to cause any problems for our I-129f or K1. 

Thank you for any help on this topic!

[JFH 12,190]

10 minutes ago, annaamariee said:

Hello, I'm not sure the best place to ask this so I'll ask in multiple forums.

Please don’t. It creates extra work for us unpaid volunteers. 
 

We have a rule of each question only being posted once. This allows everyone’s question to have the same amount of space and “air time”. I have deleted the duplicate. Please do not post any more duplicates. Thank you. 

[anna+sam 0]

4 minutes ago, JFH said:

Please don’t. It creates extra work for us unpaid volunteers. 
 

We have a rule of each question only being posted once. This allows everyone’s question to have the same amount of space and “air time”. I have deleted the duplicate. Please do not post any more duplicates. Thank you. 

Oh I am so sorry! Thank you for your patience and for fixing my mistake, won't happen again

[tvnt 6]

On 10/20/2020 at 1:16 PM, anna+sam said:

Hello, I'm not sure the best place to ask this so I'll ask in multiple forums. I scoured the existing forums on J1's and I-129f's/K1's but nothing quite fit our situation.

 

I am an American engaged to a Canadian, we filed our I-129f at the beginning of August and await the NOA-2. My fiancé had an approved and ready to use DS2019 for work as a summer camp counselor in 2020 (while we were just dating) that was not used as the camp cancelled their program due to Covid-19. The agency which handled his J1 are rolling over all visas to be usable for the 2021 summer. I am curious if anyone knows whether it is possible for him to still use this J1 (technically still a DS2019) for summer 2021, even though there is an ongoing I-129f petition for immigration. I'm assuming that the interview stage of our visa will happen sometime in the fall of 2021, and so we would likely already have our NOA-2 by next summer, but waiting for the final interview step. He spent quite a bit of money and effort into getting the DS2019/J1 and would love to be able to still experience working at camp this next summer as his visa is technically still viable, however, we really don't want to cause any problems for our I-129f or K1. 

Thank you for any help on this topic!

I'm actually in a similar situation, did you have any luck?

[anna+sam 0]

2 hours ago, tvnt said:

I'm actually in a similar situation, did you have any luck?

I haven't had any specific feedback here. At this point, we have decided to not have my fiancé attempt to cross this summer and just to be safe. He will visit, but not attempt to work as a J1. The information we've come across all points to the likelihood the border guard would turn him away anyways because he has an immigration visa petition pending (which shows the U.S. that he has the intention to move to the States at some point) and non immigration visas like the J1 are not typically allowed while an immigration visa like the K1 is pending. Part of me still wonders about it. If my fiancé has already been approved for the J1 and has proof of a return flight to Canada or perhaps a job contract for the fall, I wonder if that would change the situation and he would be allowed. Have you learned or heard anything for situations like this?

[Coco8 1,042]

This is a question for the people who sponsor the new DS 2019. He might be able to use the J1 stamp with a new DS 2019. However, from personal experience, J1 have very specific dates and validity on the visa stamp. 

 

With COVID going on, I can't see summer camps opening. 

 

If he has no ties to Canada, yes, he could be told to go back home. Having a return ticket is not enough proof and a job offer is not a job. 

 

I hope the J1 doesn't have the 2 year residency requirement. Probably not since is camp counselor, but you want to check.

[tvnt 6]

18 hours ago, anna+sam said:

I haven't had any specific feedback here. At this point, we have decided to not have my fiancé attempt to cross this summer and just to be safe. He will visit, but not attempt to work as a J1. The information we've come across all points to the likelihood the border guard would turn him away anyways because he has an immigration visa petition pending (which shows the U.S. that he has the intention to move to the States at some point) and non immigration visas like the J1 are not typically allowed while an immigration visa like the K1 is pending. Part of me still wonders about it. If my fiancé has already been approved for the J1 and has proof of a return flight to Canada or perhaps a job contract for the fall, I wonder if that would change the situation and he would be allowed. Have you learned or heard anything for situations like this?

Yeah that's understandable. I secured a position for vintage 2020  in Napa Valley and my visa appointment was the same day Trump signed the Presidential Proclamation banning the issuance of J1s, but my employer reached out recently asking if I was interested for this upcoming vintage. Your post was the first thing I came across and I did a little digging afterwards, like @Coco8 mentioned the 2 year residency requirement would be a hurdle that he would have to obtain a waiver for. The issuance of his J1 visa is another problem, as like you said with a pending immigrant visa they might not look too fondly on that. Lastly CBP are probably going to cause the most trouble, both with trying to enter on a J1 and even if he is just visiting. I tried to visit my fiancé (I'm Australian) in August under the VWP with my ESTA, had a return ticket, proof of finances and studies that I was starting In January not only did they denied me but they revoked my ESTA and ability to travel on the VWP. Their reasoning was that I didn't have strong domicile ties; I work vintage in Aus each year and travel for the rest, I recently sold my car and don't have a rental outside of vintage and my parents address is my primary. My return ticket was also for 3 months, and even with my financial statements they had trouble understanding why I was there for 3 months. Make sure he address those things, because the only way I can visit my fiancé's family now is with a visa, hence the K1 application...