J-1, Marriage and multiple re-entry?

[blornatan 0]

Hey all,

I am a US Citizen and am trying to figure out the best way to go about getting a visa for my soon-to-be wife. I posted in the K3 forum but somebody pointed me here...

She is currently here on a J-1 visa that states that the "2-year rule does not apply." Her visa expires in Dec of this year, after which she needs to go back to Brazil in order to do some work in her university for 2 months. After that, she is not obligated to stay in Brazil.

In your opinion, would it be better for us to get married right now, apply for AOS, or to get married and apply for K3? The reasoning being, she needs to return to Brazil and as I understood it (if I'm wrong I'm happy to be corrected!) once you file for AOS you may not leave the United States? Is the K3 better in this case? Or does AOS allow you to come and go until one receives a green card?

Basically, what is the easiest way to get her here the quickest? Is it better she apply for a tourist visa now in order to return in February? The truth is, we thought about extending the J-1, but it appears unlikely that the Brazilian university she attends would allow it (although, does the USCIS check with them before extending, or is extending merely a US-based procedure? If she extends, does she risk incurring a new 2-year rule)?

Thanks for all the help!

Edited October 1, 2009 by blornatan

[Betti 1]

Once you file for AOS, you have to wait for your Advanced Parole in order to reenter the counrty after you left (while waiting for the Greencard). You apply for the AP with the AOS. In my case it took under 2 months to receive it, but it can take longer, the normal processing time is 3 months. It is also meant to be for emergency travel. If you leave without the AP after filing AOS, your application is considered abandoned and you cannot follow through with it.

I think that the K-3 is the better route here, but I don't know much about the K-3. People usually prefer the CR-1 over the K-3, because it is faster and allows your wife to work right after entering the US with it, you don't have to do the AOS (which you have to do when choosing the K-3 route).

Sorry for not being able to answer all of your questions, but I thought I'll make the start with the J-1 stuff :-)

[NycBra 4]

I don't think you will be able to get the advance parole on time. Because it takes time to assemble all the paperwork necessary, do the medical exams, submit the application. Suppose you get married tomorrow, I don't think your fiance will have an advance parole by December.

That said, I think the safest route is for you to apply for her K3 visa. If she returns as a tourist (remember, she will have to go through the whole tourist visa process in Brazil which is a pain), and you apply for her AOS right after, I believe you would be infringing the law since she would enter the US not in good-faith as a tourist, but to switch her status.

I know you want her here as soon as possible. Maybe someone else thinks differently or have a better advice. But I still think the safest and best way would be to apply for her K3.

This is a section of the guidelines here on VJ: http://www.visajourney.com/forums/index.ph...mp;page=compare

.. (CR-1) This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved.

So I think K3 is better than CR-1? I haven't gone through either but that's what I read.

Edited October 2, 2009 by NycBra

[blornatan 0]

I don't think you will be able to get the advance parole on time. Because it takes time to assemble all the paperwork necessary, do the medical exams, submit the application. Suppose you get married tomorrow, I don't think your fiance will have an advance parole by December.

That said, I think the safest route is for you to apply for her K3 visa. If she returns as a tourist (remember, she will have to go through the whole tourist visa process in Brazil which is a pain), and you apply for her AOS right after, I believe you would be infringing the law since she would enter the US not in good-faith as a tourist, but to switch her status.

I know you want her here as soon as possible. Maybe someone else thinks differently or have a better advice. But I still think the safest and best way would be to apply for her K3.

This is a section of the guidelines here on VJ: http://www.visajourney.com/forums/index.ph...mp;page=compare

.. (CR-1) This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved.

So I think K3 is better than CR-1? I haven't gone through either but that's what I read.

thanks for the help kids - do you think the "bad faith" tourist thing does in alot of people?

[NycBra 4]

thanks for the help kids - do you think the "bad faith" tourist thing does in alot of people?

I would avoid entering as a tourist. Since you will be married and she is coming TO STAY here with you, then it would be a bad-faith entry in the country. It could hurt the application for AOS (in my opinion).

Just to give you an example. When I applied for my F1 in Brazil, I was engaged to my now husband. But I was going to return to US to pursue school, not to get married in 3 months. During my interview for the student visa, they gave me a hard time because I was applying for a student visa since I was engaged. I explained my focus would be the master's program, not to get married. Yes, we had plans to get married (reason we were engaged) but not for another 1 year or so. As far as I understood, entering the country with a fiance visa I would have to get married in a short period of time and we didn't have plans to get married that fast. We wanted to enjoy our engagement, have time to plan for the wedding which would take place in Brazil in a later time. It took me a solid 40 minutes interview to explain the reason I was applying for the F1.

This is just a brief explanation that how you enter the country really matters to them. In their mind, they thought the F1 was "bad-faith" of my part, which was not. I pursued my masters and got my degree. And we planned our wedding with the time we needed/wanted.

Edited October 5, 2009 by NycBra