Need Advice

[Oneil's_wife876 0]

Hey there! Any advice you can give me on my question would be much appreciated. I loved feedback from members when I was first going through the K1 process with my husband and now I would love for some more feedback! Here goes...

My brother, who is a US citizen, has been dating a girl from Bulgaria. They met last summer when she was here in the US on a J-1 Visa. She went home in the fall and of course they are missing each other like crazy. We were lucky to spend the Christmas Holiday in Jamaica with my husband's family where she was able to join us. In order for her to fly from Bulgaria to Jamaica she needed to fly through the US so she was given a 1 year Tourist Visa. At this time she is planning on coming back this summer on another J-1 Visa. My question is, since their relationship is quite serious and they are talking about marriage, is their best option for her to come and work the summer on the J-1 and then return to Bulgaria and file a K-1 or is it possible for them to marry this summer while she is here on the J-1 and then file some kind of paper work to adjust her status? If something goes wrong with her J-1 Visa for this summer if she came on the Tourist Visa can she marry while she is here?

Thanks for your help. I am all over the K-1 situation but am completely lost when it comes to the work and tourist visas and how they factor in.

[Ryan H 3,813]

IMO, it's best for your brother's GF to return to Bulgaria and file a K1.

[YuAndDan 153]

It all boils down to intent when coming over on the non-IMMIGRANT visa, if to work if J-Visa allows, and then decides to marry and adjust status then this is not considered to be much of a problem.

Note some J-1 visas have a two year home residency requirement, so if this is the case, will need to get a waiver to this requirement before being able to get AOS or Visa approved. Known as a No Object from home country.

[ONA 133]

She was probably in the US on Work and Travel program, so 2-year rule doesn't apply in that case.

I've been there - stayed 3 summers in a row in the US on J1 visa, but even after me and my fiance got engaged i figured it's better just go back and file for K1 visa - othervise i could cause some future problems for my family if they tried to get their visas later. Plus for J1 visa she is supposed to be a student and she might want to graduate before she leaves her home country. Anyway, it's something everybody should give a proper thought before they make a decision.

[Oneil's_wife876 0]

Thanks so much for all the advice. I was thinking K-1 was the way to go since it will be the least complicated and at least I will know the process and can help them out. Thanks again!

[YuAndDan 153]

Thanks so much for all the advice. I was thinking K-1 was the way to go since it will be the least complicated and at least I will know the process and can help them out. Thanks again!

Better option would be visit, marry and then file I-130 for spouse visa, it has much better benefits.

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel