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Filed: Timeline
Posted

The scenario:

We plan to file the petition for K1 visa early April. My fiancee is interested in applying for jobs as a Mandarin Instructor for American universities (this is actually her field - she's not just randomly applying for a job to stay in America). Should she be accepted by one of these universities, she would be granted a working visa (J1/J2) late June.

First Question: Would she still be able to receive the J1/J2 visa if we have already started the petition process (for the K1 visa)?

Separate Question!!!

If we have already filed a petition for the K1 Visa, is my fiancee still allowed to visit me in America during the process or do we have to wait until she is granted the visa? Is it a bad idea for her to come visit?

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted

Too many questions with not enough information.

Is she in the USA or outside the USA? Is she from a VWP country? Why do you think she would get a J1/J2 and not an H-1B. Why is she trying to get a job here teaching Mandarin? To spend the time here in the US while the I-129F is in process?

If the J1 has the two-year HRR that would have to be waived to get the I-129F approved (typically).

Naturalization N-400

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Having a K1 petition filed on her behalf shows immigrant intent. Therefore it's unlikely that she would be considered for a J1.

She can visit as long as she can demonstrate strong ties to her home country. Where is she from?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

Thank you for your replies.

She is from Taiwan (which I believe is not a VWP country according to a Google search).

Teaching Mandarin is her profession. The Taiwanese Ministry of Education has an exchange program in which Mandarin teachers are often sent overseas to America to teach for a period of time (1-2 years). People who go through this program are typically issued a J1/J2 visa (her coworkers often do this). She is doing this to gain experience as an instructor - not just to be with me. But yes, should would like to spend time here while her I-129F is in process.

Does this change your statement "If the J1 has the two-year HRR that would have to be waived to get the I-129F approved (typically)." at all or does it still mostly hold? Is it difficult to get the two-year HRR waived?

Thank you again for responding. This has been a very stressful process (and it hasn't even begun yet!)

 
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