HELP! J1 Visa interfering with K1 visa??

[Stef_and_Hallie 0]

I was wondering if anyone could shed some light on a question my fiance and I have discovered.

My fiance is attending SDSU in San Diego, California in the fall under a student visa. We have also applied for our K-1 visa, and I know that a part of the process would have involved him going to the American Embassy in London for an interview -- but what if we are in California when that part of the process actually happens?

Would he be expected to fly back to London for the interview? Or is there some other provision available?

Has anyone run into this before?

[Nik+Heather 121]

Have you read this info?

http://www.visajourney.com/forums/index.ph...p;page=otheraos

I think you should now wait for the K1, and possibly defer enrollment until your fiance arrives on the K1.

Edited May 14, 2009 by Nik+Heather

[Stef_and_Hallie 0]

Have you read this info?

http://www.visajourney.com/forums/index.ph...p;page=otheraos

I think you should now wait for the K1, and possibly defer enrollment until your fiance arrives on the K1.

I just read through it, but I don't think it applies to this situation. We weren't going to get married while he was here on his student visa, unless the K-1 came through.

I was only wondering if his student visa would interrupt the K-1 visa, though I believe he did call the customer service line and they had told him one does not affect the other -- except in this case, he would need to be in England, to do his interview.

I don't know, it's all very confusing!

[Jauque 1]

Have you read this info?

http://www.visajourney.com/forums/index.ph...p;page=otheraos

I think you should now wait for the K1, and possibly defer enrollment until your fiance arrives on the K1.

I just read through it, but I don't think it applies to this situation. We weren't going to get married while he was here on his student visa, unless the K-1 came through.

I was only wondering if his student visa would interrupt the K-1 visa, though I believe he did call the customer service line and they had told him one does not affect the other -- except in this case, he would need to be in England, to do his interview.

I don't know, it's all very confusing!

How long does he have left on his student visa? He really doesn't need both.

You can marry on the F1 and then AOS to permanent resident from that by being your husband, he would not have to go back to england to interview or get a medical if you were to take this route.

From the VJ guides:

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status.

[Nik+Heather 121]

Have you read this info?

http://www.visajourney.com/forums/index.ph...p;page=otheraos

I think you should now wait for the K1, and possibly defer enrollment until your fiance arrives on the K1.

I just read through it, but I don't think it applies to this situation. We weren't going to get married while he was here on his student visa, unless the K-1 came through.

I was only wondering if his student visa would interrupt the K-1 visa, though I believe he did call the customer service line and they had told him one does not affect the other -- except in this case, he would need to be in England, to do his interview.

I don't know, it's all very confusing!

Well, I thought you might find it pertinent to your situation as it gave advice about adjusting soon after arriving (or using it like a K1 visa). You've already applied for the K1, and I think that you'll get less hassle if you see it through before you try to use the J1, as applying for the K1 basically declares immigrant intent. Also, if the J1 has a home residency requirement, then it means more hoops to jump through to get married later.

Kate and Matt, I had the same confusion, but it looks like the UKC hasn't entered on a student visa yet. Intends to this fall.

I would still advise abandoning the J1 (and defer enrollment until 2010) now that the K1 has been petitioned, as trying to complete the K1 process while going to school would be pretty disruptive.

Anyway, hope things work out for the best!

[SCFsnoopy 0]

I was on a J-1 visa from April 07-April 08 as an au pair, and the advice that I was given from my agency was "you CANNOT change status from a J-1, DO NOT apply for any other visas while the J-1 is valid." (many au pairs ask about transitioning to an F-1 but as far as I'm informed it's not possible).

I honestly am not sure about filing for a K-1 while being in the States on a J-1 ... however I would be very hesitant to do it. I do suggest deferring the enrollment and waiting for the K-1 to come through and enter the US on that visa instead.

[Gary and Alla 3,694]

I was wondering if anyone could shed some light on a question my fiance and I have discovered.

My fiance is attending SDSU in San Diego, California in the fall under a student visa. We have also applied for our K-1 visa, and I know that a part of the process would have involved him going to the American Embassy in London for an interview -- but what if we are in California when that part of the process actually happens?

Would he be expected to fly back to London for the interview? Or is there some other provision available?

Has anyone run into this before?

You could have another problem. SOME J1 visas, depends on the circumstances of issuance, have a 2 year bar on the issuance of any other visa to the USA. They require the holder return to their native country and cannot receive any other type of visa to the USA for two years. We have a some good friends here, American man/Polish woman, they met and married here while she was here as a student (J1 visa sponsored by Poland) and had to retrun to Poland for two years before they could do a DCF and return.

[SCFsnoopy 0]

You could have another problem. SOME J1 visas, depends on the circumstances of issuance, have a 2 year bar on the issuance of any other visa to the USA. They require the holder return to their native country and cannot receive any other type of visa to the USA for two years. We have a some good friends here, American man/Polish woman, they met and married here while she was here as a student (J1 visa sponsored by Poland) and had to retrun to Poland for two years before they could do a DCF and return.

Very true, I'd forgotten about that. It should say on the visa itself whether this is applicable or not. For instance, on my visa, down the bottom it says "BEARER IS NOT SUBJECT TO SECTION 212 (E). TWO YEAR RULE DOES NOT APPLY."

[Stef_and_Hallie 0]

I was on a J-1 visa from April 07-April 08 as an au pair, and the advice that I was given from my agency was "you CANNOT change status from a J-1, DO NOT apply for any other visas while the J-1 is valid." (many au pairs ask about transitioning to an F-1 but as far as I'm informed it's not possible).

I honestly am not sure about filing for a K-1 while being in the States on a J-1 ... however I would be very hesitant to do it. I do suggest deferring the enrollment and waiting for the K-1 to come through and enter the US on that visa instead.

That is a good point. The K-1 is already in process whereas he has yet to start his paperwork for his student visa. I don't know if this is an issue that is going to come up once he starts that process, considering everything that you guys have mentioned.

GAHHHHHHHH.

I guess we'll just have to wait and see

[Malek 0]

You could have another problem. SOME J1 visas, depends on the circumstances of issuance, have a 2 year bar on the issuance of any other visa to the USA. They require the holder return to their native country and cannot receive any other type of visa to the USA for two years. We have a some good friends here, American man/Polish woman, they met and married here while she was here as a student (J1 visa sponsored by Poland) and had to retrun to Poland for two years before they could do a DCF and return.

Very true, I'd forgotten about that. It should say on the visa itself whether this is applicable or not. For instance, on my visa, down the bottom it says "BEARER IS NOT SUBJECT TO SECTION 212 (E). TWO YEAR RULE DOES NOT APPLY."

hi

i had a J-1 visa , they wrote on it "BEARER IS NOT SUBJECT TO SECTION 212 (E). TWO YEAR RULE DOES NOT APPLY."

what's that mean ? please anyone explian for me ....

[msu17 0]

Malek, it means you don't have the 2 year home residency requirement. SOme people on that visa must return to their home country for 2 years before they can apply for another visa to the US (other than visitors visa).

To the OP, file one. It seems like a waste of $$ and time to file 2 visas to get to the US, both of which you can transition to AOS. Since you have already started K1, I'd stay with it.

[KimandRuss 0]

If he's not already in the US then stay with the K-1.

#1 - even with a valid visa to the US, if he shows the CBP that he has immigrant intent they will not let him into the Country on that visa.

#2 - since you're already planning to marry and for him to adjust status, it will be much better to know that he came in on a visa that has immigrant intent. No worries for anyone to suspect misrepresentation on his last entry into the Country which he would have if he entered on a student visa.

Just as a side note, there is a waiver for the 2 year home residency requirement. It normally does not create a big problem.