J-1 or Visa Waiver with pending K-1

[tartpief 12]

Hi

 

I am a Korean citizen and I am waiting with my U.S. citizen fiance for my K-1 to be approved. I filed for I-129F in September 2021 and it seems it will take 14 months + 3 months-ish to finally get the visa, which makes it about March 2023 ish to finally be able to arrive at the U.S.

I am a researcher (ecologist) and I would like to do some pilot research in the area I am going to eventually move to (DMV area) while also being closer to my fiance. So I have been talking with a professor at a university in the area about joining her lab and she said yes. We are thinking of 3 months-ish of stay to attend her lab meetings and join her fieldwork to eventually develop a research proposal for myself.

From what I know, I believe I can use visa waiver, which officially allows "independent research", specifically Visa Waiver for Business (VWB). But VWB feels pretty limiting: allows only a limited range of activities and the university will be unable to formally give me a formal appointment (unpaid visiting scholar) if I take the visa waiver route. 

So the university recommends coming on a J-1 visa, whose acquirability I am not sure of with my pending K-1.

 

My questions are:

1) Is it worth trying for a J-1? I know it is probably going to get rejected and I don't mind getting rejected and losing the application fee. But I was hoping that I may have a slightly higher chance to get the J-1 because I acquired a Ph.D. from a U.S. university in a related field and I am currently doing the same type of work professionally as the proposed J-1 activities. I also would have strong ties to my home country (I am taking an official break from my institution for the research-abroad reasons.)

2) If J-1 gets rejected, will the J-1 rejection hurt my pending K-1 and future AOS?

3) If J-1 is not feasible at all, is it okay to apply for Visa Waiver for business (VWB) when I have a pending K-1, instead of the regular Visa Waiver (for personal)? I *really* am going to do the proposed independent research. I also already have an ESTA valid until Nov 2023.

4) When I am at POE for VWB, will I have to tell CO that I am here for research AND to see my fiance? Or can I just say I am here for research and only mention fiance when asked?

 

Thank you.

[Boiler 45,511]

A refused J1 could complicate an approved ESTA.