K-1 & J-1 question

[Brian D. 0]

My fiancee is applying for medical residency in the US, but we're not sure her K-1 Visa and documents to allow her to work here will be processed in time for her to start her residency on time. I am ready to mail the K-1 petition today (august 4) and she would need the ability to work in the US in July/Aug 2013. So that'd be cutting it close. She could ask the hospitals to sponsor her work here with a J-1 Visa, but then we may have to file a J-1 2-year home visit waiver. I'm ready to send in the K-1 petition now, but don't want her to miss an opportunity to work at the hospital of her choice if her visa/work situation isn't sorted yet. I also don't want the hospital to turn her away because they don't sponsor J-1 visas.

So, if I start our K-1 process and she asked for J-1 sponsorship, would it harm her ability to get a visa if there is paperwork submitted for both?

[Anh map 2,098]

My fiancee is applying for medical residency in the US, but we're not sure her K-1 Visa and documents to allow her to work here will be processed in time for her to start her residency on time. I am ready to mail the K-1 petition today (august 4) and she would need the ability to work in the US in July/Aug 2013. So that'd be cutting it close. She could ask the hospitals to sponsor her work here with a J-1 Visa, but then we may have to file a J-1 2-year home visit waiver. I'm ready to send in the K-1 petition now, but don't want her to miss an opportunity to work at the hospital of her choice if her visa/work situation isn't sorted yet. I also don't want the hospital to turn her away because they don't sponsor J-1 visas.

So, if I start our K-1 process and she asked for J-1 sponsorship, would it harm her ability to get a visa if there is paperwork submitted for both?

If you marry now and then pursue a spouse visa she will have the green card (and ability to be employed) upon US entry. The K1 involves the adjustment of status after the marriage takes place in order to obtain work authorization. Your timeline won't work with a K1.

Edit: I wouldn't feel comfortably trying to make your timeline work.

Edited August 4, 2012 by Anh map

[Brian D. 0]

If you marry now and then pursue a spouse visa she will have the green card (and ability to be employed) upon US entry. The K1 involves the adjustment of status after the marriage takes place in order to obtain work authorization. Your timeline won't work with a K1.

Edit: I wouldn't feel comfortably trying to make your timeline work.

Thanks for the response and input.

I understand I could apply for a CR-1 if we got married, but I am in the US and she's in Israel. Doesn't look like I'll be back in Israel until around Christmas, though she'll be in the US at the end of this month.

[Anh map 2,098]

Thanks for the response and input.

I understand I could apply for a CR-1 if we got married, but I am in the US and she's in Israel. Doesn't look like I'll be back in Israel until around Christmas, though she'll be in the US at the end of this month.

Planes leave every day. If it is the difference between having the residency work out or not, then it's a price worth paying. Or, you get married at the courthouse ASAP when she arrives and put the petition in the mail as soon as you receive the marriage certificate.

You seem to be on a deadline, so evaluate your choices and don't fritter away too many days.