From K1 to J1 and then AOS?

[geheimel 16]

Hey guys! 

 

My fiancé and I are in the middle of the K1 visa. It got approved and has been sitting in the NVC since March 2020 or so. I've been waiting for so long already and my life has basically been on hold. I wanna do an au pair year again and I was wondering if I can just cancel my K1 and then apply for J1? Do my au pair year and then get married and an AOS at the end of my au pair year? 

 

The J1 I'm getting is not subject to the "2year waiting" rule. 

What do you guys think? Would that be possible? 

Sorry if this is the wrong place to ask this! 

[PaulaCJohnny 713]

So are you planning to use a Non-immigrant visa to enter the US and then get married and adjust status?

 

This is fraud.

[aaron2020 11,651]

Stick with the K-1.

 

It's immigration fraud to enter the US with a non-immigrant visa with the intent to immigrate.  

[Coco8 1,042]

An au pair agency will never sponsor a J1 for anyone looking to immigrate. I'd be also hard to get such visa at the consulate and you are only creating problems for yourself.

[SalishSea 17,836]

4 hours ago, geheimel said:

Hey guys! 

 

My fiancé and I are in the middle of the K1 visa. It got approved and has been sitting in the NVC since March 2020 or so. I've been waiting for so long already and my life has basically been on hold. I wanna do an au pair year again and I was wondering if I can just cancel my K1 and then apply for J1? Do my au pair year and then get married and an AOS at the end of my au pair year? 

 

The J1 I'm getting is not subject to the "2year waiting" rule. 

What do you guys think? Would that be possible? 

Sorry if this is the wrong place to ask this! 

This is immigration fraud.

[geheimel 16]

It's not my intention to just get married. I wanna do an au pair year cause right now my life has been on hold and being an au pair gives me the opportunity to be in the US again and do something with purpose. 
 

As far as I read into it, it's legal for a J1 holder to get married at the end of their year and basically stay. 

 

I don't mean to do any fraud lol. Don't get me wrong.

[powerpuff 6,707]

2 hours ago, geheimel said:

It's not my intention to just get married. I wanna do an au pair year cause right now my life has been on hold and being an au pair gives me the opportunity to be in the US again and do something with purpose. 
 

As far as I read into it, it's legal for a J1 holder to get married at the end of their year and basically stay. 

 

I don't mean to do any fraud lol. Don't get me wrong.

Yes but ultimately, the goal is to remain in the US after the au pair program. If you went to do au pair and someone proposed to you and you decided to get married while being in the US - that’s legal. 
 

“A U.S. immigration officer presumes that all persons travelling to the U.S. have “immigrant intent.” Immigrant intent means the person has the intention to stay permanently in the U.S.. If you are traveling to the U.S. on a temporary visa, you are required to prove that you do not plan to remain in the U.S.”

“The consular officer performing your visa interview will make an assessment of whether she believes you plan to overstay a temporary visa and try to remain in the U.S. The core question that the consular officer asks herself is whether the applicant demonstrates that he will maintain residence in a foreign country. ”

source: https://www.soundimmigration.com/understanding-immigrant-intent/

 

the fact that you have a pending K-1 application (which by the way presumes immigrant intent) demonstrates  that you have an intention to immigrate to the US and stay there permanently. It is immensely difficult to show you’ll return to Germany. I mean you’re already telling us you plan to get married and stay there.

 

On another note, if the embassy isn’t proceeding K-1 what makes you think they are processing J-1? The only J-1 they are processing is exchange students or if you’re an au pair for special needs. This is from the consular page: 

 

“If you are present in the Schengen area, you are subject to the travel restrictions pursuant to President Biden’s January 25 Proclamation.  In addition, if you are within one of these J visa categories, you are subject to the travel restrictions pursuant to Presidential Proclamation 10052.  Limited exceptions apply.

 

However, if you are an au pair (J) for a child with special needs or providing care for a child whose parents are working to mitigate COVID-19, you may be eligible for an exception.  Please email the U.S. consular section in your area.” 

https://de.usembassy.gov/covid19-faqs-for-visas/

Edited March 4, 2021 by powerpuff

[geheimel 16]

53 minutes ago, powerpuff said:

Yes but ultimately, the goal is to remain in the US after the au pair program. If you went to do au pair and someone proposed to you and you decided to get married while being in the US - that’s legal. 
 

“A U.S. immigration officer presumes that all persons travelling to the U.S. have “immigrant intent.” Immigrant intent means the person has the intention to stay permanently in the U.S.. If you are traveling to the U.S. on a temporary visa, you are required to prove that you do not plan to remain in the U.S.”

“The consular officer performing your visa interview will make an assessment of whether she believes you plan to overstay a temporary visa and try to remain in the U.S. The core question that the consular officer asks herself is whether the applicant demonstrates that he will maintain residence in a foreign country. ”

source: https://www.soundimmigration.com/understanding-immigrant-intent/

 

the fact that you have a pending K-1 application (which by the way presumes immigrant intent) demonstrates  that you have an intention to immigrate to the US and stay there permanently. It is immensely difficult to show you’ll return to Germany. I mean you’re already telling us you plan to get married and stay there.

 

On another note, if the embassy isn’t proceeding K-1 what makes you think they are processing J-1? The only J-1 they are processing is exchange students or if you’re an au pair for special needs. This is from the consular page: 

 

“If you are present in the Schengen area, you are subject to the travel restrictions pursuant to President Biden’s January 25 Proclamation.  In addition, if you are within one of these J visa categories, you are subject to the travel restrictions pursuant to Presidential Proclamation 10052.  Limited exceptions apply.

 

However, if you are an au pair (J) for a child with special needs or providing care for a child whose parents are working to mitigate COVID-19, you may be eligible for an exception.  Please email the U.S. consular section in your area.” 

https://de.usembassy.gov/covid19-faqs-for-visas/

Okay! Thank you so much to you all.. I really didn't know that would be fraud. Never planned to do so either. That's why I asked. 

I love how helpful this forum is. 

 

Thank you again.