WIll a recent J-1 denial impact whether a pending K1 will be approved?

[gregm0401 0]

Hi everyone. I'll try to be concise and accurate with my situation.

 

1. I'm American, fiance Mexican. We have been together since 2017. We filed the K-1 in Mid Sept 2022.

 

2. At the same time she applied for a job that offers a J-1 visa. She received an offer letter in early Dec.

 

3. We were naive and didn't realize that immigrant intent is usually grounds for a denial of the J-1. A lawyer we talked to yesterday said there's a 50/50 chance of being denied. But if there's a 2 year requirement for her to stay in Mexico after the J-1, doesn't make sense to even try to get the J-1.

 

4. If there's no 2 year limit, and if she is approved for the J-1, I was told we can get married after 90 days, and then getting the K-1 won't matter, we won't need it.

 

5. If she is denied the J-1 and we keep waiting out the K-1, will the J-1 denial impact the K-1 approval or denial?

 

She did not apply for the J-1 yet, but the employer wants that soon. We were transparent with them and told them our situation. They are concerned too. They are inquiring about another possible route we can take, maybe another visa, idk. I know this is off topic, but if there's a route any of yall have taken successfully in this same situation let me know.

 

My main question here is: will a J-1 denial impact the pending K-1? We have a lot more time to wait likely since it's only been 3 months since we applied. We are so distraught that there is a conflict with K-1 and J-1. I guess we're to blame for being naive, but perhaps there is a route for her to get this job and for us to still get married either through K-1 process or "other?" Thanks for reading/responding.

[Boiler 45,442]

J1 is a non immigrant visa, K1 effectively is.

 

Like any other non immigrant visa using it to come to the US and adjust is fraud, surprised the Lawyer did not mention that.

 

Being refused a J assuming no other issues would not impact a K1

 

If she wants to work why have you not married and filed a CR1?

[Crazy Cat 41,806]

14 minutes ago, gregm0401 said:

Hi everyone. I'll try to be concise and accurate with my situation.

 

1. I'm American, fiance Mexican. We have been together since 2017. We filed the K-1 in Mid Sept 2022.

 

2. At the same time she applied for a job that offers a J-1 visa. She received an offer letter in early Dec.

 

3. We were naive and didn't realize that immigrant intent is usually grounds for a denial of the J-1. A lawyer we talked to yesterday said there's a 50/50 chance of being denied. But if there's a 2 year requirement for her to stay in Mexico after the J-1, doesn't make sense to even try to get the J-1.

 

4. If there's no 2 year limit, and if she is approved for the J-1, I was told we can get married after 90 days, and then getting the K-1 won't matter, we won't need it.

 

5. If she is denied the J-1 and we keep waiting out the K-1, will the J-1 denial impact the K-1 approval or denial?

 

She did not apply for the J-1 yet, but the employer wants that soon. We were transparent with them and told them our situation. They are concerned too. They are inquiring about another possible route we can take, maybe another visa, idk. I know this is off topic, but if there's a route any of yall have taken successfully in this same situation let me know.

 

My main question here is: will a J-1 denial impact the pending K-1? We have a lot more time to wait likely since it's only been 3 months since we applied. We are so distraught that there is a conflict with K-1 and J-1. I guess we're to blame for being naive, but perhaps there is a route for her to get this job and for us to still get married either through K-1 process or "other?" Thanks for reading/responding.

Be aware that she will not be able to work or exit the US for as long as 8 months after entering and marrying via a K-1.  How can she get a J-1 with immigrant intent?

 

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.
   

 

 

 

[gregm0401 0]

Hi Boiler,

 

I don't feel very confident in the lawyer, so wanted to ask here, and will likely get a new lawyer. Last summer my fiance and I went over the pros and cons of the K-1 vs CR1 and I don't even remember what led us to the K-1 but that is what we did. Now we are having second thoughts and are thinking we should do the CR-1.

 

The lawyer said that trying to get the J1 approved with them knowing she has immigrant intent via the K-1 submission, would be a 50/50 chance. But I just don't see how it can be approved given that broken golden rule for J1 (it seems).

 

She also stated that If it was approved then we could do some sort of change in status and get married after 90 days. I was surprised to hear that too, so that is a clear case of fraud huh?

 

Is it possible to have the K-1 in process (we are only 3 months in) and start the CR-1 process also, and see which pans out first. I realize I seem naive. I am. Trust me, I'm kicking myself for not fully investigating all of this a long time ago. Getting a GOOD lawyer a long time ago. But here we are so I'm trying my best to find a path forward. Thanks for your reply and information, much appreciated.

 

 

Your message to me:

J1 is a non immigrant visa, K1 effectively is.

 

Like any other non immigrant visa using it to come to the US and adjust is fraud, surprised the Lawyer did not mention that.

 

Being refused a J assuming no other issues would not impact a K1

 

If she wants to work why have you not married and filed a CR1?

[gregm0401 0]

Hi Crazy Cat,

 

Thanks for your reply and all that information. We submitted the K-1 mid September. It is in process, but as you mentioned it will be a long time until she can be here, and even longer until she can work. We considered the K-1 and CR-1 and made a decision this past summer which one we would pursue. But now we're having second thoughts on the K-1 route given the length of time. Is it possible to do the CR-1 now while the K-1 is in process, and if the CR-1 is completed first cancel the K-1? Will they inferfere with each other or cause conflict?

 

This whole process and all the visa and timelines have been extremely confusing for us. We should've gotten a lawyer a long time ago. I deeply regret not figuring it all out a long time ago, but this is where we are now and so am seeking a good path forward now. Thanks for your response and providing this information.

 

Your message:

 

Be aware that she will not be able to work or exit the US for as long as 8 months after entering and marrying via a K-1.  How can she get a J-1 with immigrant intent?

 

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.

[powerpuff 6,677]

16 minutes ago, gregm0401 said:

Is it possible to have the K-1 in process (we are only 3 months in) and start the CR-1 process also, and see which pans out first.

No. K1 is for unmarried couples, hence why it is a “fiancé visa”, not a spousal visa. Once your get married your I-129f/k1 path  is void because you’re no longer eligible for it.

Edited December 17, 2022 by powerpuff

[gregm0401 0]

Ah that makes sense. Well I guess once we're married the K1 path no longer matters. We're gonna start figuring out the CR-1 path, seems like a quicker route to have her living and working here. I guess we messed up and picked the longer and harder route, But I'll probably hash this out with a lawyer now. Thanks for your reply.

[Boiler 45,442]

Some people use 50/50 in the sense of it can be approved or denied now this strikes me as odd but seems common.

 

You implied that if she got the J1 it could be subject to the 2yr HRR and that would be less than ideal.

[gregm0401 0]

Yeah we were going to see first if the 2yr HRR applied, and if so, not try/apply, it is no ideal at all. This was like her dream job, we just approached it naively, that much is clear to me now. Also,  it seems like trying for the J1 will just be a waste of time because I can't see how it would be approved with immigrant intent. I too was surprised that the lawyer would say 50/50. Seems like the likelihood of it being approved is almost zero, right? There's clear immigrant intent. This has decreased my confidence in the lawyer, and got me on here, and we'll seek another lawyer. We are thinking the CR-1 route is worth trying for now. I wish we could go back in time, but we need to move forward.  A good thing is that we are 3 months past when we submitted the K-1. That took us months, we were extremely thorough. Thanks for your replies, I appreciate it.

[Boiler 45,442]

I tend to I avoid being too specific when I know very little a bad out a situation where details may matter, a big advantage a lawyer has is in getting specific information 

[gregm0401 0]

I understand Boiler. I wanted to gather some information here, then be more prepared to talk to a new lawyer. It seems very obvious to a lot of commenters that CR-1 is worth exploring. I appreciate your replies/comments/information. I see you live in Colorado (so do I), and you're waiting on the K-1. Good luck! We send in a huge binder of everything, that process alone took months!

[Boiler 45,442]

That was a long time ago, not a route I would choose now

[gregm0401 0]

Oh ok. What route would you choose now, if you don't mind me asking? CR-1? I'm looking for a lawyer now to try to get a consultation to help us move forward.

[Boiler 45,442]

I would first find out if J was subject to 2yr HRR

[SalishSea 17,801]

Just go for the CR-1.   There really are no legit loopholes to immigrant visas.

 

We all have to wait our turns.