Hello everyone! :) J1 Visa and K1

[lileepad 3]

Hi everyone!

Im new to the forum and I am so excited to join as I didn't know a website like this existed.

It is quite a long story.... but here goes.

Last year, March 2013 - I was in New Zealand and started the process of getting a J1 Working Holiday Visa for the USA. I went for my interview and was denied after 2 questions because the officer basically believed that I had no intention of exiting the USA. My parents live in Australia and I lived in New Zealand by myself, single, have a student loan (as most NZers do), I have relatives in the USA as well... so basically a "red flag" that I wouldn't be coming back home. The sole purpose of getting a J1 was for my career more than anything. I was a new graduate with a Marketing degree and I wanted to go to the USA to get marketing experience so that when I return home, that is my point of differentiation and thus more enticing to hire than new grads.

Anyway, I was so distraught that I was denied but luckily IEP (the organisation I went through for J1) had spoken to one of the officers and got me another interview and explained the situation that although my parents don't live in NZ, I would certainly be leaving USA at the end of my visa. I went to my second interview and the officer was a lot more welcoming than the other. I was asked more than 2 questions (unlike the first) and was approved of the J1. I went to the USA May 2013 and stayed for the 1 year and the extra 30 days we are allowed, obtained my Marketing experience and left.

During my time there, I met my boyfriend who is absolutely amazing and now we are doing long distance and are in talks of marriage for next year - November 2015. He is coming to NZ to visit this November and I am so excited!

Now here are my questions...
1) As I was denied for the J1 Working Holiday Visa the first go, is this on my record?

2) Will the officers take this into account when we file for a fiancé or spousal visa? Or is that no longer on my record as I have successfully left the country and not overstayed like what they feared?

Also -
3) Which route do you guys believe would be better? My dream is to get married in New Zealand and have a destination wedding. We have two options which is to either get a K1 and get married in the USA or get married in New Zealand and do the spousal visa. I fear doing the K1 because when it comes to the interview stage, my fiance will be doing his interview in USA and I will be doing it back in Auckland where I was denied a J1 for the first time... I guess essentially Im worried about getting the same officer and having my previous denial on my record. It was a heartbreaking experience.
4) My other question is how long does the process usually take?

5) What supporting documents for proof should we start gathering? I know we have to do phone records. It sucks because we are in a digital world where my bf and I use FaceTime and Viber a lot as its cheaper than the usual phone call and there is no way of getting certified copies of those records... we communicate every single day via those methods.

So sorry for the long post! Thank you all in advance.

Edited September 11, 2014 by lileepad

[Pitaya 2,576]

~Moved from Introducing our Members to What Visa Do I Need - Family Visa Forum~

~Inquiry about family visas~

[a+j 77]

1) Yes

2) Having had that J1 denied won't cause any problem, just answer truthfully when asked about it

3) + 4) See here and choose which option works best for you: http://www.visajourney.com/content/compare (btw, you are going to be the one interviewed for the visa, not your American s.o., so the interview will be in NZ)

5) See here: http://www.visajourney.com/content/guides

Good luck!

Edited September 11, 2014 by a+j

[lileepad 3]

1) Yes

2) Having had that J1 denied won't cause any problem, just answer truthfully when asked about it

3) + 4) See here and choose which option works best for you: http://www.visajourney.com/content/compare (btw, you are going to be the one interviewed for the visa, not your American s.o., so the interview will be in NZ)

5) See here: http://www.visajourney.com/content/guides

Good luck!

Thank you A+J!

Do you have any examples of what kind of questions they ask?

[aaron2020 11,651]

1. It will always be on your record.

2. The denial will not affect the K-1. The denial will always be on your record.

3. The US citizen will not be interviewed. Only you will be interviewed.

If being together is what is important, then file for the K-1 today. Come to the US and marry within 90 days. Plan for the big wedding in NZ for your 1st anniversary.

If you want to do the spousal route, you have to meet and get married before you can file. It will take longer than a K-1.

4. At least 8 months to a year for a K-1. Around 8 months to 18 months for a spousal visa. This is based on worldwide numbers. It may be slightly different for NZ.

[StrawberryKiss 170]

I hate to throw it in here, but some J-1 visas require a two-year-home-residency after finishing your program in the US, i.e. you have to be physically present (living) in your home country for 2 years before you can apply for a visa serving for immigration. I studied in the US on a J-1 and this rule was stated on every official paper (e.g. DS-2019) and the visa itself, so you may wanna check on that again. However, you can also file a waiver for this rule, but I don't know you lucky people have been with that: http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html

Found an old thread concerning this issue: http://www.visajourney.com/forums/topic/258228-is-k1-visa-not-applicable-if-person-was-here-with-j1-before/

[lileepad 3]

I hate to throw it in here, but some J-1 visas require a two-year-home-residency after finishing your program in the US, i.e. you have to be physically present (living) in your home country for 2 years before you can apply for a visa serving for immigration. I studied in the US on a J-1 and this rule was stated on every official paper (e.g. DS-2019) and the visa itself, so you may wanna check on that again. However, you can also file a waiver for this rule, but I don't know you lucky people have been with that: http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html

Found an old thread concerning this issue: http://www.visajourney.com/forums/topic/258228-is-k1-visa-not-applicable-if-person-was-here-with-j1-before/

I just looked at my visa on my passport and it says "Bearer is not subject to Section 212(E). Two year rule does not apply.

So I guess I am okay?

[lileepad 3]

1. It will always be on your record.

2. The denial will not affect the K-1. The denial will always be on your record.

3. The US citizen will not be interviewed. Only you will be interviewed.

If being together is what is important, then file for the K-1 today. Come to the US and marry within 90 days. Plan for the big wedding in NZ for your 1st anniversary.

If you want to do the spousal route, you have to meet and get married before you can file. It will take longer than a K-1.

4. At least 8 months to a year for a K-1. Around 8 months to 18 months for a spousal visa. This is based on worldwide numbers. It may be slightly different for NZ.

Thanks for that Aaron, very helpful. Seems we will definitely be coin the K-1 Visa path.

[StrawberryKiss 170]

I just looked at my visa on my passport and it says "Bearer is not subject to Section 212(E). Two year rule does not apply.

So I guess I am okay?

It also said that on the visa in my passport, but unfortunately, it was on my DS-2019 (the long printed form which states exactly where you'll be studying; has a barcode and was officially signed by the consul who conducted the interview). The information is often conflicting and embassies/consulates sometimes get it wrong on the printed passport visa itself (like in my case). I'd say you're fine if it says it doesn't apply on the DS-2019 as well.

[lileepad 3]

It also said that on the visa in my passport, but unfortunately, it was on my DS-2019 (the long printed form which states exactly where you'll be studying; has a barcode and was officially signed by the consul who conducted the interview). The information is often conflicting and embassies/consulates sometimes get it wrong on the printed passport visa itself (like in my case). I'd say you're fine if it says it doesn't apply on the DS-2019 as well.

Ive just checked it now and it states Im not subjected to it either. Thank goodness! Thank you for letting me know about this though, how is your process going?

[StrawberryKiss 170]

Ive just checked it now and it states Im not subjected to it either. Thank goodness! Thank you for letting me know about this though, how is your process going?

Yay!!! That's good news! I just wanted to give a heads up in case it applied (because a lot of J-1 people don't know about it). I returned to finish grad school, so I automatically fulfilled my two years of residence at home. Just like you, I also met my now husband during my J-1 year We went for the spousal visa and are now stuck in that lovely NVC stage like so many other people here Good luck to you! Hope you'll get a speedy approval!

[lileepad 3]

Yay!!! That's good news! I just wanted to give a heads up in case it applied (because a lot of J-1 people don't know about it). I returned to finish grad school, so I automatically fulfilled my two years of residence at home. Just like you, I also met my now husband during my J-1 year We went for the spousal visa and are now stuck in that lovely NVC stage like so many other people here Good luck to you! Hope you'll get a speedy approval!

Thanks Strawberry Kiss Im so happy to have found this site - everyone is so helpful.

[lileepad 3]

Hey guys, have I got this correct?

If we have our K1 approved and I went to the USA, we got married within the 90 days.

Then we apply for Adjustment of Status, which takes 2 - 4 months? After 2 - 4 months I then receive a Conditional Green card for marriages that are less than two years?

With that conditional green card, am I allowed to exit and re-enter the country? For example, my partner and I want to have our big official wedding in NZ. So once we receive my conditional green card, does that permit me to exit in order to have our big wedding? Does an advance parole relate?

[kehills 217]

Hey guys, have I got this correct?

If we have our K1 approved and I went to the USA, we got married within the 90 days.

Then we apply for Adjustment of Status, which takes 2 - 4 months? After 2 - 4 months I then receive a Conditional Green card for marriages that are less than two years?

With that conditional green card, am I allowed to exit and re-enter the country? For example, my partner and I want to have our big official wedding in NZ. So once we receive my conditional green card, does that permit me to exit in order to have our big wedding? Does an advance parole relate?

Well, you're right on the timeline to get married, yes. Spouse and I got married in April, filed AOS in April, and he received his EAD/AP combo after having it expedited (in late June/early July). He received an interview waiver, which means his 2-year conditional green card probably won't show up for another few months. (Assuming we don't have a reversal and they decide to interview us after all.)

You might get interviewed within a few months, and might have the conditional green card by your fourth month after filing AOS. But you also might not. There's no way to guarantee you won't get hit with an RFE, or that there won't be slowdowns, etc.

When you file for AOS, you can request the cards that let you work and travel (EAD for work, AP for travel - you apply for them both when you adjust status, making them freebies for filing and a combo card on issuance) - THAT should only take at most 90 days. But again, that's assuming no RFEs.

Given that, I wouldn't advocate planning anything outside of the country until after you have either the advanced parole card or the green card IN HAND.

[aaron2020 11,651]

Hey guys, have I got this correct?

If we have our K1 approved and I went to the USA, we got married within the 90 days.

Then we apply for Adjustment of Status, which takes 2 - 4 months? After 2 - 4 months I then receive a Conditional Green card for marriages that are less than two years?

With that conditional green card, am I allowed to exit and re-enter the country? For example, my partner and I want to have our big official wedding in NZ. So once we receive my conditional green card, does that permit me to exit in order to have our big wedding? Does an advance parole relate?

You would be extremely lucky to get your conditional green card within 2-4 months. There are people here who have waited for a year.

You can leave and reenter with AP or a green card. AP will take about 90 days on average. It can take longer. A green card could take 6-12 months.

Consider your plans carefully. You are too optimistic thinking you can get a green card within 2-4 months.