Lucky_Clove

Hi @Adrii,
 
The short answer is: it will depend on the officer evaluating your case.
 
When applying to AOS through marriage there are many questions regarding when and how you guys met. Considering you've been already dating for a year, that could be a problem when applying for AOS as it could be viewed as visa fraud. 
That said, I guess it will depend on several factors: do you have a 2 year residency requirement? if you guys marry, and that happens soon after moving to the US on a J1 it may look bad. There will also be questions about when did you get engaged.
 
If you've already applied for a J1 then I assume there's a professional reason beyond your relationship to move right now, discarding the K1 route. You guys could get married in the U.S. then you could go back to Australia while applying for a K3. I know that's not ideal but that would be the safer way to do it. Going through the marriage + AOS while in J1 it's possible but somewhat riskier. You guys will need to decide what makes more sense for you and if you rather assume risks or go the safe route.

Hey guys,
In search of some advice.
My boyfriend is an American citizen and I live in Australia we have being doing long distance for almost a year now.
As I just finished my studies I'm in the process of applying for the J1 work visa (12 month self paced)
I understand there is a strong emphasis put on the J1 visa applicants to return home after their visa ends but my question is what IF my boyfriend proposes to me while Im on a J1? Can I legally marry and update my status to stay?
I've read a lot of people saying they went over on a J1 visa then met someone, married then updated their status but I'm worried that because we were together prior to entering does this then make me look like my intent was to immigrate all along?
I just want to do the right thing and not get ourselves in any sort of trouble if this were to happen.
Any advice is greatly appreciated!

This is spot on...
I am a US citizen engaged to a current J-1 visa holder. We met before he entered the US to start his J-1 visa program, but have now decided to get married after being able to spend more time together. We are pursuing the K-1 visa route because we know this is the best legal route for us to be together. While we discussed getting married before he returns to Turkey in April, we ultimately decided the finance visa was the right choice for us. My fiancé did have a home residency requirement, but he applied and was granted a waiver for that condition to be removed.