J-1 to K-1 or other

[Jay00 0]

I have a situation that I've not been able to find a clear path to victory for. I'm hoping someone can help. I'm not sure I'm even in the right category, so I apologize if I'm lost, but I couldn't find one more fitting.

I am a US Citizen, born and raised. I met my girlfriend 6 months ago. Things have been going wonderfully, and we intend to marry. She is here as an au pair, on a J-1 visa, but is not subject to 212(e) home residency requirement. We wish to marry come spring, however we'd like for her to cease working where she is, and move in with me. Initially she intended to finish out her year, we talk in the evenings and she stays with me on the weekends. However, while she's wonderful with children, she's having a very difficult time with her new family(2 months into her second year). So that's where we are.

My current course of action is this: Apply and (hopefully) receive a J-1 waiver based on no obligation. Once we get there, however I'm not sure where to go. We do not want to rush marriage and jump into it, and would feel a B-2 visa for 6-9 months would be better. Still, I'd really like to know our options, how to proceed if we're going to switch to K-1 or to B-2, and if they are even possible.

Thank you much for your help!

[L+T 71]

I have a situation that I've not been able to find a clear path to victory for. I'm hoping someone can help. I'm not sure I'm even in the right category, so I apologize if I'm lost, but I couldn't find one more fitting.

I am a US Citizen, born and raised. I met my girlfriend 6 months ago. Things have been going wonderfully, and we intend to marry. She is here as an au pair, on a J-1 visa, but is not subject to 212(e) home residency requirement. We wish to marry come spring, however we'd like for her to cease working where she is, and move in with me. Initially she intended to finish out her year, we talk in the evenings and she stays with me on the weekends. However, while she's wonderful with children, she's having a very difficult time with her new family(2 months into her second year). So that's where we are.

My current course of action is this: Apply and (hopefully) receive a J-1 waiver based on no obligation. Once we get there, however I'm not sure where to go. We do not want to rush marriage and jump into it, and would feel a B-2 visa for 6-9 months would be better. Still, I'd really like to know our options, how to proceed if we're going to switch to K-1 or to B-2, and if they are even possible.

Thank you much for your help!

If you plan to marry before the J expires, you can simply file adjustment of status (AOS).

[Xanax 349]

You can try for B visa but possibly having a US fiance might make it harder to get and the fact that she is already in the US and probably will not have very strong ties to Thailand will make it harder again.

The K-1 takes 6-9 months to be approved and your fiance would have to be in her home country for the interview etc and she would not be able to stay with you in the US unless she had another visa in the time between when it is petitioned for and when it is approved.

** If you do not want to rush into marriage I would look at trying for a B visa, continue on the J visa whilst you keep getting to know each other or if she does not like her new family, her returning to Thailand and you visiting her for a while...

Edited July 19, 2012 by Xanax

[Jay00 0]

So, I'm not wanting to go K-1. Can you tell me what category I should post this in? I couldn't see one more fitting. Thanks.

[L+T 71]

So, I'm not wanting to go K-1. Can you tell me what category I should post this in? I couldn't see one more fitting. Thanks.

Get married and file AOS. You don't need file K or CR-1. She has 10 months left on J, right, + 1 month after this. That gives you 11 months, in time for spring to be married.

[Ning 619]

Get married and file AOS. You don't need file K or CR-1. She has 10 months left on J, right, + 1 month after this. That gives you 11 months, in time for spring to be married.

She doesnt need nor can she get another visa from inside the USA. I agree with the advise here. If you decide to marry then you would simply file the AOS ( adjustment of status ) for her. This would result in a meeting with USCIS and therefore a green card.

[Xanax 349]

Get married and file AOS. You don't need file K or CR-1. She has 10 months left on J, right, + 1 month after this. That gives you 11 months, in time for spring to be married.

He said he doesn't want to rush things, he said she does not really like the family / ie she probably wont want to stay on the J visa.

Advising him to get married may not be the right thing to do as he said he doesn't want to get married yet.

Edit: if the moderators don't think this is the right forum then they will move it, don't worry!

Edit edit:

You asked what you should do? I would try the B visa and then go from there unless you want to marry now and or are sure that's what you want.

If you are sure you want to marry, you can marry now and file for AOS or marry at the end of the J visa (if she can stick it out at the home) as the above poster said.

If your fiance plans to go back to Thailand you could continue your relationship and maybe take an extended trip there or something similar to make sure you want to marry etc; if your fiance returns to to Thailand you can marry there and file for CR-1 or file for the K-1 if you get engaged but not married.

Edited July 19, 2012 by Xanax

[Ning 619]

He said he doesn't want to rush things, he said she does not really like the family / ie she probably wont want to stay on the J visa.

Advising him to get married may not be the right thing to do as he said he doesn't want to get married yet.

Edit: if the moderators don't think this is the right forum then they will move it, don't worry!

Edit edit:

You asked what you should do? I would try the B visa and then go from there unless you want to marry now and or are sure that's what you want.

If you are sure you want to marry, you can marry now and file for AOS or marry at the end of the J visa (if she can stick it out at the home) as the above poster said.

If your fiance plans to go back to Thailand you could continue your relationship and maybe take an extended trip there or something similar to make sure you want to marry etc; if your fiance returns to to Thailand you can marry there and file for CR-1 or file for the K-1 if you get engaged but not married.

Attempting to get a tourist visa is bad advise if you know how difficult that is when you are talking about Thailand. Especially if she told the truth about her need for the visa. They would never grant it. When they checked her past history of working in the USA it would have a huge affect on her ability. Of course she has to be in Thailand to even consider any visa.

They may not want to marry and I suppose only they would know for sure. If he doesnt want to do that he will have to say goodbye to her for a long time. He must know that or he wouldnt have asked the questions. Note he says he wants to marry in the spring then says they dont want to rush.

This is pretty simple really. Either marry her and she stays or she leaves when ever & he then decides he made a mistake and files for the K 1. If that takes place he will see her in the USA again about one year later. Or he can travel to Thailand to marry and then file for the C R 1. That puts him way down the road.

Sometimes people just have to figure out what they want and do it.

[Xanax 349]

I don't think its fair to tell someone "its a mistake" if she went home.

For some, knowing someone for 6 months is not enough to get married.

He has been given many options, mine were focusing primarily on the fact he wants to live with his fiance before marriage and the fact she appears to not want to stay with her J visa employer.

Either way OP good luck, feel free to give me a PM if you would like to discuss ANY options further

[L+T 71]

He said he doesn't want to rush things, he said she does not really like the family / ie she probably wont want to stay on the J visa.

Advising him to get married may not be the right thing to do as he said he doesn't want to get married yet.

Edit: if the moderators don't think this is the right forum then they will move it, don't worry!

Edit edit:

You asked what you should do? I would try the B visa and then go from there unless you want to marry now and or are sure that's what you want.

If you are sure you want to marry, you can marry now and file for AOS or marry at the end of the J visa (if she can stick it out at the home) as the above poster said.

If your fiance plans to go back to Thailand you could continue your relationship and maybe take an extended trip there or something similar to make sure you want to marry etc; if your fiance returns to to Thailand you can marry there and file for CR-1 or file for the K-1 if you get engaged but not married.

Oh, i thought he said they wanted to marry in Spring.

[Xanax 349]

He said both.

Edit: also IF his fiance decided she wanted to return home and persue the k-1 that would be in spring when she would be back and there is nothing stopping them living together in Thailand and or trying for B visas if k-1 is the option they choose.

I am not saying any option is the right or best one, just options

Edited July 19, 2012 by Xanax

[Ning 619]

I don't think its fair to tell someone "its a mistake" if she went home.

For some, knowing someone for 6 months is not enough to get married.

He has been given many options, mine were focusing primarily on the fact he wants to live with his fiance before marriage and the fact she appears to not want to stay with her J visa employer.

Either way OP good luck, feel free to give me a PM if you would like to discuss ANY options further

I didnt say as you quoted " its a mistake" if she went home. I said " he decided he made a mistake". That mistake would only be known if she left. I have to assume from his post that is exactly what he doesnt want. Hes trying to buy time but he cant do it by her trying to get a tourist visa. She cant even attempt that from inside the USA. This means she is leaving the USA no matter what she does unless they marry.

Its my opinion that she wont get a tourist visa based on the difficulty in Thailand and her travel, work history in the USA. If she tells the truth and she must they will deny her. As you say there is nothing stopping her from trying to get the tourist visa. She just wont be granted one.

What do you think she should say at her interview when they ask the reason for her request? How will she prove her ties to Thailand after living and working in the USA. What about the USC B F or fiance? Seriously what should she tell them? Your answers may be key to success. A tourist visa isnt designed to allow people to live together as they try to decide what to do.

Edited July 19, 2012 by Ning

[Xanax 349]

I didnt say as you quoted " its a mistake" if she went home. I said " he decided he made a mistake". That mistake would only be known if she left. I have to assume from his post that is exactly what he doesnt want. Hes trying to buy time but he cant do it by her trying to get a tourist visa. She cant even attempt that from inside the USA. This means she is leaving the USA no matter what she does unless they marry.

Its my opinion that she wont get a tourist visa based on the difficulty in Thailand and her travel, work history in the USA. If she tells the truth and she must they will deny her. As you say there is nothing stopping her from trying to get the tourist visa. She just wont be granted one.

What do you think she should say at her interview when they ask the reason for her request? How will she prove her ties to Thailand after living and working in the USA. What about the USC B F or fiance? Seriously what should she tell them? Your answers may be key to success. A tourist visa isnt designed to allow people to live together as they try to decide what to do.

She may very well have a job she can get and or strong ties we don't know of, of course we are not getting the full story when someone posts here, maybe he can/ is willing to marry now, maybe his fiance is willing to stay with her J visa family, maybe they could both live in Thailand, who knows.

Either way the OP has been given a few options to choose from, I always like to walk the line of cautiousness and I don't think I would marry after 6 months but the again I did not take long too marry my husband

Good luck OP!

[Ning 619]

She may very well have a job she can get and or strong ties we don't know of, of course we are not getting the full story when someone posts here, maybe he can/ is willing to marry now, maybe his fiance is willing to stay with her J visa family, maybe they could both live in Thailand, who knows.

Either way the OP has been given a few options to choose from, I always like to walk the line of cautiousness and I don't think I would marry after 6 months but the again I did not take long too marry my husband

Good luck OP!

All we know is what they tell us.

I am afraid you just dont understand the situation in Thailand when it comes to obtaining a tourist visa. The history of fraud there that continues to grow makes it all most impossible to get a tourist visa for most people.

Having a job there isnt going to help when you accept the fact that we make on average about 300 dollars per month if we work 7 days and 12 hours per day. Its pretty easy to leave that behind.

I am sure you are just trying to help and do it with the caution you speak of. Me? I am a realist. I think its best to tell them what they need to know so they make an informed decision in a difficult situation.

Its nice to think he can just move to Thailand. But its far from a movie set. He will then have his own visa problems. He cant work. He cant speak the language. He will soon become bored. He will feel lost. She will be working so much they wont have to worry about the quality of the realtionship. But its a great place that he may enjoy. I doubt we will read that he is moving.

[Xanax 349]

All we know is what they tell us.

I am afraid you just dont understand the situation in Thailand when it comes to obtaining a tourist visa. The history of fraud there that continues to grow makes it all most impossible to get a tourist visa for most people.

Having a job there isnt going to help when you accept the fact that we make on average about 300 dollars per month if we work 7 days and 12 hours per day. Its pretty easy to leave that behind.

I am sure you are just trying to help and do it with the caution you speak of. Me? I am a realist. I think its best to tell them what they need to know so they make an informed decision in a difficult situation.

Its nice to think he can just move to Thailand. But its far from a movie set. He will then have his own visa problems. He cant work. He cant speak the language. He will soon become bored. He will feel lost. She will be working so much they wont have to worry about the quality of the realtionship. But its a great place that he may enjoy. I doubt we will read that he is moving.

OK, sure, you're right.

Good luck again OP