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CluelessAmerican

US citizen trying to stay together with gf

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On 6/13/2017 at 1:40 PM, Coco8 said:

However, depending which type of J-1 she has, they can be extended and transferred to other institutions pretty easily.

Another clarification: her new job (the school that's already interested) would be in the same school district as the exchange that just ended. It would be the same program, same institution, etc.

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41 minutes ago, CluelessAmerican said:

Another clarification: her new job (the school that's already interested) would be in the same school district as the exchange that just ended. It would be the same program, same institution, etc.

 

48 minutes ago, CluelessAmerican said:

A clarification: when she notified her district that she'd be returning to Mexico, they shortened her J-1 to June 2017. So to stay on J-1, she'd need a new visa. They're saying she'll have to come back next year for that, but they didn't cite any one-year requirement -- just that "we've already informed the US and Mexican governments and it's now done". However, in the past weeks she's spoken to them several times and during those conversations they left open the possibility of getting a new visa immediately. So what's going on? Do you know how to determine whether she's subject to this requirement?

 

Oh, OK. Then she cannot extend the J-1 because of the type of J-1 she has. There are a number of classifications for J-1 (exchange student, researcher, government visitor, etc. etc.) and each one has different rules/stuff going on.

 

I think the best course of action, if you want to stay together, is to do AOS. In 3 months she would be able to work and the EAD can be expedited if she has a job offer in hand so that time could be cut down. Otherwise, she would have to leave and the K-1 takes like 6-8 months and once she gets back to the U.S. you have 90 days to marry, and then she has to AOS with takes another 3 months; so it could be another year until she is able to work again in the school district.

 

Good luck!

 

 

 

 

 

 

 

 

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2 minutes ago, Coco8 said:

Oh, OK. Then she cannot extend the J-1 because of the type of J-1 she has. There are a number of classifications for J-1 (exchange student, researcher, government visitor, etc. etc.) and each one has different rules/stuff going on.

 

I think the best course of action, if you want to stay together, is to do AOS. In 3 months she would be able to work and the EAD can be expedited if she has a job offer in hand so that time could be cut down.

Is it probably pointless to get more detailed in-writing versions of the requirements for her particular J-1? I know she isn't subject to the two-year home residency requirement (have now verified that from her visa), but no idea about extending. The contact from her program hasn't been particularly helpful or clear about what's going on, but we have no reason to suspect malice.

 

We'd both prefer a J-1 extension with plans to get married next year, just because the relationship isn't very old, but AOS now is definitely a possibility. I don't like to rush into this sort of thing, but the more I think about it, the more I realize we have something really special that I don't want to lose. I feel more confident about it than any past relationships, including my previous marriage. It feels a bit scary to get married this soon, but maybe sometimes you just know.

 

Do you know how much the EAD could be expedited by? School starts in mid-August. I've been assuming it won't be possible to get it by then.

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5 minutes ago, CluelessAmerican said:

Is it probably pointless to get more detailed in-writing versions of the requirements for her particular J-1? I know she isn't subject to the two-year home residency requirement (have now verified that from her visa), but no idea about extending. The contact from her program hasn't been particularly helpful or clear about what's going on, but we have no reason to suspect malice.

She should have a DS 2019. On the top it should say the category of J1 she has [Exchange visa category]. That would allow you to tell us, start a new thread just about that, or google the category and find out information. The DS 2019 also says whether she is subject to the 2 year rule, it is in the bottom part. 

 

5 minutes ago, CluelessAmerican said:

I don't like to rush into this sort of thing, but the more I think about it, the more I realize we have something really special that I don't want to lose.

 

I totally get you. It makes perfect sense.

 

5 minutes ago, CluelessAmerican said:

Do you know how much the EAD could be expedited by? School starts in mid-August. I've been assuming it won't be possible to get it by then.

Not sure. If you were to file your paperwork today, she might have it in time, but getting all the paperwork ready takes a while. 

 

 

Edited by Coco8
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18 minutes ago, Coco8 said:

She should have a DS 2019. On the top it should say the category of J1 she has [Exchange visa category]. That would allow you to tell us, start a new thread just about that, or google the category and find out information. The DS 2019 also says whether she is subject to the 2 year rule, it is in the bottom part. 

Oh, yes, good point. I already looked at her DS 2019 and visa to verify that she isn't subject to the 2-year rule, but I didn't note the category. I'm seeing her in a few hours -- will take a look and start a new thread if it seems warranted. Thanks for all the help!

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6 minutes ago, CluelessAmerican said:

Oh, yes, good point. I already looked at her DS 2019 and visa to verify that she isn't subject to the 2-year rule, but I didn't note the category. I'm seeing her in a few hours -- will take a look and start a new thread if it seems warranted. Thanks for all the help!

 

I was checking the possibilities, and she might have a "teacher" category. I am not familiar with this one, but you can start a new thread with an informative title. 

 

Online it does say

Extensions

  • The base period for a teacher exchange is three years. However, host schools may apply to the sponsor for a one or two year extension of the exchange (the extension must be for whole years, not fractions of years). Extension requests are not automatic, but there is no limit on the number of extensions that the State Department can grant.
  • Sponsors must submit extension requests they approve and any supporting documentation to support the extension to the State Department no later than three months prior to the beginning of the desired extension period for the teacher

 

I am not sure if the "host" needs to be the same school or a school in the same district would be considered as being the same "host". It might depend on what it is written on the DS 2019 (i.e. is it the name of the school or the district school system). Or the host could change (I've had friends with J1 in other categories -- not teacher -- and they changed institutions).

 

Check here,  https://j1visa.state.gov/programs/teacher#participants

Edited by Coco8
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