J1/F1 application, while K1/CR1 is in progress (or reverse)?

[casinoroyale 1]

I'm planning to propose to my long-time girlfriend soon, and we might go the K1 route, or just do a courthouse marriage (bigger ceremony/party later) and go the CR1 route. She's Colombian, has a tourist visa, and will soon be graduating from her university there with a bachelor's degree. The thing is, we would really prefer to close the distance (to the extent possible) in a timeframe shorter than the 1.5-2 years I understand it takes for those visas to be granted, and if we can do so while she's working/studying here in the US in a way that advances her career goals, all the better.

 

It seems that her doing a relevant Master's (or other graduate certificate) program in the US on an F1 visa or a long-term internship/traineeship for a company here on a J1 visa would both be options that would fit the bill, in terms of advancing her career goals, and allowing her to stay in the US for a longer period of time than her tourist visa would (12-18 months for the J1/F1, as far as I can tell, vs. 6 months for the B2).

 

My question is whether she will run into any issues filing for a J1 or F1 visa for the purposes I described above, if she has a K1 or CR1 visa petition already pending/being processed? Also, I'm assuming here that it would make sense for her to file for the CR1/K1 before the J1/F1, given the longer lead time, but if the reverse would make more sense for some reason, I'd love to hear differently. Thank you!

[SalishSea 17,801]

4 hours ago, casinoroyale said:

I'm planning to propose to my long-time girlfriend soon, and we might go the K1 route, or just do a courthouse marriage (bigger ceremony/party later) and go the CR1 route. She's Colombian, has a tourist visa, and will soon be graduating from her university there with a bachelor's degree. The thing is, we would really prefer to close the distance (to the extent possible) in a timeframe shorter than the 1.5-2 years I understand it takes for those visas to be granted, and if we can do so while she's working/studying here in the US in a way that advances her career goals, all the better.

 

It seems that her doing a relevant Master's (or other graduate certificate) program in the US on an F1 visa or a long-term internship/traineeship for a company here on a J1 visa would both be options that would fit the bill, in terms of advancing her career goals, and allowing her to stay in the US for a longer period of time than her tourist visa would (12-18 months for the J1/F1, as far as I can tell, vs. 6 months for the B2).

 

My question is whether she will run into any issues filing for a J1 or F1 visa for the purposes I described above, if she has a K1 or CR1 visa petition already pending/being processed? Also, I'm assuming here that it would make sense for her to file for the CR1/K1 before the J1/F1, given the longer lead time, but if the reverse would make more sense for some reason, I'd love to hear differently. Thank you!

Think about it….applying for a non-immigrant visa when you have immigrant intent…..   unlikely to be approved.

 

There are no loopholes or tricks to employ to avoid the wait times, or for the intending immigrant to live in the US while waiting.  
 

If those things existed, don’t you think we’d all do them?

[Crazy Cat 41,805]

8 hours ago, casinoroyale said:

I'm planning to propose to my long-time girlfriend soon, and we might go the K1 route, or just do a courthouse marriage (bigger ceremony/party later) and go the CR1 route. She's Colombian, has a tourist visa, and will soon be graduating from her university there with a bachelor's degree. The thing is, we would really prefer to close the distance (to the extent possible) in a timeframe shorter than the 1.5-2 years I understand it takes for those visas to be granted, and if we can do so while she's working/studying here in the US in a way that advances her career goals, all the better.

 

It seems that her doing a relevant Master's (or other graduate certificate) program in the US on an F1 visa or a long-term internship/traineeship for a company here on a J1 visa would both be options that would fit the bill, in terms of advancing her career goals, and allowing her to stay in the US for a longer period of time than her tourist visa would (12-18 months for the J1/F1, as far as I can tell, vs. 6 months for the B2).

 

My question is whether she will run into any issues filing for a J1 or F1 visa for the purposes I described above, if she has a K1 or CR1 visa petition already pending/being processed? Also, I'm assuming here that it would make sense for her to file for the CR1/K1 before the J1/F1, given the longer lead time, but if the reverse would make more sense for some reason, I'd love to hear differently. Thank you!

No legal immigration path for her is fast.  Both the K-1 and CR-1 can take close to 18-24 months.  Entering the US as a non-immigrant with the intent to immigrate is fraud.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Crazy Cat 41,805]

8 hours ago, casinoroyale said:

My question is whether she will run into any issues filing for a J1 or F1 visa for the purposes I described above, if she has a K1 or CR1 visa petition already pending/being processed? 

One of the requirements for a non-immigrant visa such as an F-1 is NO IMMIGRANT intent.  

[Rocio0010 5,579]

8 hours ago, casinoroyale said:

The thing is, we would really prefer to close the distance

Sure, that's what everybody wants.

 

8 hours ago, casinoroyale said:

My question is whether she will run into any issues filing for a J1 or F1 visa for the purposes I described above, if she has a K1 or CR1 visa petition already pending/being processed?

Very unlikely to be approved. J1s and F1s are non- immigrant visas, whereas the CR1 is an immigrant visa. Long story short, she has immigrant intent and strong ties to the US. So probably not going to happen.

 

8 hours ago, casinoroyale said:

but if the reverse would make more sense for some reason, I'd love to hear differently.

By reverse you mean applying for a J1 or an F1??? No, big no no. Because with those visas you have to state that you are planning to go back to your home country, which she is not. That would be a misrepresentation and will cause you a headache.

[Timona 4,207]

Dead on arrival.