change of status from Q1 visa

[zatarra 1]

I have a girlfriend who is working for Disney on a Q1 visa until October. I just proposed to her and now we want to stay in the US after she finishes her job with Disney. How would she go about changing the status of her Q1 visa? What kind of visa would she change it to?

[cappucino boy 29]

From what I have read about a Q1 visa, it is part of a cultural exchange program by an employer. I would assume that there would be the process to change from one visa type to another type. I'm guessing it would have to be a fiance visa (K-1visa) because you are not yet married. That type of visa is done outside of the U.S. I imagine it will have be after she has completed the requirements of her Q1 visa which is 15 months and returns to her country, she has to wait a year before applying for another Q1 visa but I think you could apply for, K-1 visa after she leaves. Someone might have more information.

I have a girlfriend who is working for Disney on a Q1 visa until October. I just proposed to her and now we want to stay in the US after she finishes her job with Disney. How would she go about changing the status of her Q1 visa? What kind of visa would she change it to?

Edited December 27, 2012 by cappucino boy

[caly 48]

She will have to be married to you be able to file to adjust her status while in the US.

Read the adjustment of status page here: http://www.visajourney.com/content/i130guide2

I know found your older post about the same topic in which you got some really good advice. The whole "intent to immigrate" issue is a pretty grey area. If you really want to play it safe, as someone has already mentioned in your other post, you can start CR-1 spousal visa process (interview outside the US) once you are married while she is still in the US and then have her return to Japan to attend the interview when the time comes.

Good luck!

Edited December 27, 2012 by caly

[zatarra 1]

She will have to be married to you be able to file to adjust her status while in the US.

Read the adjustment of status page here: http://www.visajourney.com/content/i130guide2

I know found your older post about the same topic in which you got some really good advice. The whole "intent to immigrate" issue is a pretty grey area. If you really want to play it safe, as someone has already mentioned in your other post, you can start CR-1 spousal visa process (interview outside the US) once you are married while she is still in the US and then have her return to Japan to attend the interview when the time comes.

Good luck!

You found my old post? I couldn't, idk why, but when I went to my profile my old post was not listed. Anyway, I just got off the phone with one of my friends who recently got his green card. He's gone through the process and knows a lot about this stuff. He told me there's no way she would get a change of status unless I have a mountain of evidence that the relationship with my girlfriend/soon to be wife is legitimate. He says if we're not living together, then I can just forget about it. Unfortunately we can't live together because she has to live in the Disney dormitories. He also said that to file for the I-864 Affidavit of support (as mentioned here: http://www.justanswer.com/immigration-law/4bzau-boyfriend-q1-visa-june-want.html) , I would have to prove that either I can financially support her or she can support me, which doesn't look good for my situation, since my employment has not been stable.

Can anybody verify this? If this is the case, then I guess we can just forget about an adjustment of status on her visa and plan on doing the fiance visa process. I can teach English in Japan so we can be together while the whole process plays out.

Edited December 30, 2012 by zatarra

[caly 48]

With regards to the I-864, you have another option available to you - find a US citizen who makes enough and who would be willing to co-sponsor her.

At this point, you have 3 options available to you: Adjustment of Status (AOS), Spousal Visa (CR-1) or Fiancee Visa (K-1).

As I said above, if you are ready to marry her while she's still in the US but don't want to risk a denial on the AOS since you are not living together, you can start the CR-1 as soon as you are married while she's still in the US on the Q-1. The whole process should take about 6-12 months depending on your luck and other factors like how pro-active and thorough you are with the paperwork.

I think the K-1 takes about the same time to process, but she will not be able to work as soon as she arrives and will have to file more paperwork to adjust status after she comes back to the US and you are married. It would cost more in the long run if money is an issue.

Edited to add: Some embassies (not sure if Japan is one of them) don't accept co-sponsors for the K-1, but all embassies have to accept co-sponsors for the CR-1. Thought this info might be pertinent to your case.

Edited December 30, 2012 by caly

[ceadsearc 515]

You found my old post? I couldn't, idk why, but when I went to my profile my old post was not listed. Anyway, I just got off the phone with one of my friends who recently got his green card. He's gone through the process and knows a lot about this stuff. He told me there's no way she would get a change of status unless I have a mountain of evidence that the relationship with my girlfriend/soon to be wife is legitimate. He says if we're not living together, then I can just forget about it. Unfortunately we can't live together because she has to live in the Disney dormitories. He also said that to file for the I-864 Affidavit of support (as mentioned here: http://www.justanswer.com/immigration-law/4bzau-boyfriend-q1-visa-june-want.html) , I would have to prove that either I can financially support her or she can support me, which doesn't look good for my situation, since my employment has not been stable.

Can anybody verify this? If this is the case, then I guess we can just forget about an adjustment of status on her visa and plan on doing the fiance visa process. I can teach English in Japan so we can be together while the whole process plays out.

Not true. Yes, you need evidence of a relationship. I assume you have some since you are dating. No, you don't have to live together. Not living together is a red flag but if you have a valid reason why you aren't, you just explain it to USCIS.

Yes, you have to show you can support her but that is true for any visa - a job abroad won't work for sponsorship for a spousal or fiancé visa either unless it would somehow continue when you move here. Do you have any friends or family willing to cosponsor? Also, the intending immigrant can generally combine their income with yours if they have been working legally and the job will continue (ie if Disney made her a job offer to continue when she got her GC). That said, I have never seen anyone combine income when on a Q-1 so I am not positive if it is possible in that case, but that is the general rule.

If you don't wish to marry before she leaves the country your only option is a K-1 (fiancée) visa.

[zatarra 1]

Yes, you have to show you can support her but that is true for any visa - a job abroad won't work for sponsorship for a spousal or fiancé visa either unless it would somehow continue when you move here. Do you have any friends or family willing to cosponsor? Also, the intending immigrant can generally combine their income with yours if they have been working legally and the job will continue (ie if Disney made her a job offer to continue when she got her GC).

My dad may be willing to cosponsor. It depends on what that means. I highly doubt I am able to show that I can support her, at least not by their standards. In terms of employment, life back in the States has not gone well for me since I got back in September. I've been job-hunting for 3 months. Very few replies and very very few actual interviews, for jobs I don't even want. There just doesn't seem anywhere for an ex-English teacher who has no backup career to fit in. This is why I'm seriously considering leaving the US again for my career as an English teacher. This is something I will be discussing with my girlfriend in the weeks to come.

My girlfriend's job will not continue after September of next year. What she is doing is a one year thing. It's possible she could get a permanent job with Disney later but that's not what we had in mind.

If you don't wish to marry before she leaves the country your only option is a K-1 (fiancée) visa.

We are ready to marry now. I'm already looking into the process for doing this at the court where I live. According to my brother, who did this a few years ago with his Chinese wife, marrying is not a big deal. He says it takes a few minutes down at the courthouse.

[AnotherLostSoul 167]

Marrying is not a big deal...it's only 10 minutes. Doing things well that is for sure not result in a denial and thus her ruining her future and career options by the "intent of immigration" is not a joke however. Your dad sponsors her, good. But your job history and your future outlook isn't seem to promising for the near future for the two of you. As others mentioned, living apart is a red flag, but not absolute denial, but you have to have a very strong case in order to not getting denied. I'm not trying to judge here....I'm trying to give you the view USCIS views applicants. You guys would have to have strong evidences, joint bank account, joint car insurance, rental agreement (or house ownership), and all that. While I don't see into your wallet, and into your love life, and your documents, but it does sound to me you guys would be safer if she applied from her home country (Japan, if I understand this from here) for K visa, or the CR-1. Sounds to me AOS within the US for you guys are not looking too bright. And remember, it is a big gamble. If she is rejected, even if Disney would promise her to get a job for another 5 years she won't get Q visa anymore due to past records of "immigration intent" when you guys filed AOS and she got denied. Think this through before you hurry into this. It is not a joke. Not trying to scare you away, but you don't need very strong evidences, not just "I fell in love with this girl who was dressed as Minnie in Disneyland". Good luck, all the best! And happy new year!

Ps: I edited this to add the post script. By the way, how long you guys have known each other and how you guys met? This are the most important questions that USCIS will want to know. I've known my husband for 5 years now, and have been dating up until this summer when we got married...

Edited December 31, 2012 by AnotherLostSoul

[zatarra 1]

Marrying is not a big deal...it's only 10 minutes. Doing things well that is for sure not result in a denial and thus her ruining her future and career options by the "intent of immigration" is not a joke however. Your dad sponsors her, good. But your job history and your future outlook isn't seem to promising for the near future for the two of you. As others mentioned, living apart is a red flag, but not absolute denial, but you have to have a very strong case in order to not getting denied. I'm not trying to judge here....I'm trying to give you the view USCIS views applicants. You guys would have to have strong evidences, joint bank account, joint car insurance, rental agreement (or house ownership), and all that. While I don't see into your wallet, and into your love life, and your documents, but it does sound to me you guys would be safer if she applied from her home country (Japan, if I understand this from here) for K visa, or the CR-1. Sounds to me AOS within the US for you guys are not looking too bright. And remember, it is a big gamble. If she is rejected, even if Disney would promise her to get a job for another 5 years she won't get Q visa anymore due to past records of "immigration intent" when you guys filed AOS and she got denied. Think this through before you hurry into this. It is not a joke. Not trying to scare you away, but you don't need very strong evidences, not just "I fell in love with this girl who was dressed as Minnie in Disneyland". Good luck, all the best! And happy new year!

Ps: I edited this to add the post script. By the way, how long you guys have known each other and how you guys met? This are the most important questions that USCIS will want to know. I've known my husband for 5 years now, and have been dating up until this summer when we got married...

Thanks for your friendly, non-judgmental reply

I just had a talk with the gf this evening. I think we've pretty much decided that we'll both move back to Japan together. Prospects look much better for us there. AOS sounds terrible, CR-1 sounds doable. I figured it's better to pick up a career that I was actually successful in rather than stick around here in the US and start something new. Going back to my English teaching will allow me to support the early years of my new marriage.

The story with my gf is a little odd. Started dating about 4 years ago, broke up a little over a year later because of too much stress with the long-distance relationship, and got back together earlier this year while I was working in Korea. We've kept in touch the whole time. Now we're back together again and very serious about our relationship, obviously, we're getting married in a few weeks!

[AnotherLostSoul 167]

Thanks for your friendly, non-judgmental reply

I just had a talk with the gf this evening. I think we've pretty much decided that we'll both move back to Japan together. Prospects look much better for us there. AOS sounds terrible, CR-1 sounds doable. I figured it's better to pick up a career that I was actually successful in rather than stick around here in the US and start something new. Going back to my English teaching will allow me to support the early years of my new marriage.

The story with my gf is a little odd. Started dating about 4 years ago, broke up a little over a year later because of too much stress with the long-distance relationship, and got back together earlier this year while I was working in Korea. We've kept in touch the whole time. Now we're back together again and very serious about our relationship, obviously, we're getting married in a few weeks!

Hey Zatarra:

Good to hear from you. Listen, right now, yes, maybe you guys are not too well off with AOS due to lack of strong evidences for bona fide marriage etc. But...remember this! Even if you guys move to Japan right now and get married, who knows how life will change for both of you. Maybe 5 years from now you guys decide to move back and by that time, even if financially you guys don't sky rocket, but you guys have been married for 5 years which is a biggie when applying for your wife permanent residency. And by that time, you guys might going to have joint assets, or bank account (even if at that time it might going to be a Japanese bank). In USCIS eyes it won't matter...you lived with this girl back in Japan, and were establishing your life with her and then you guys decided to move back to the States...that's not a sin. Right now, your job isn't looking too bright in here (I know what you're saying, my twin is an English teacher struggling to find a job as well), you are pretty off financially so no strong support for her for USCIS by rather asking you father to do it. While it is legal, and cannot be a straight denial, obviously USCIS will raise their eyebrows a bit and look into your case more as they don't want to grant permanent residency to one who might immediately jump into medicare and other governmental aids which is exactly why they want people to prove that they can support their spouse in case the spouse won't be able to get a job for a while. They have enough US citizen born (and illegals) who are using the system without cashing much into it. If you know what I mean...not trying to be rude here, just saying rationally why USCIS tends to be "picky". And of course, if you marry one who you've been really knowing for over a couple months tend to be also a warning for USCIS that you don't even know the person very well. For a couple months, everything seems pink, the lady (or the guy) is the best looking, the cutest etc. But when someone lives with someone there are going to be days when the other one is grumpy...will the other be able to live with that or will they file a divorce after a year? Is the spouse jumps into the marriage just to get permanent residency? These are what USCIS looks and "afraid of". All right, I wrote you a life novel, eh? Bear with me! If you have any further question you can always PM as well. I'll try to help, and really I am not trying to be judgmental, or talk you out of AOS....just I feel your case is not strong enough for USCIS....but maybe I'm harsh? Be happy I'm not working for USCIS then...LOL Good luck!

[caly 48]

I just had a talk with the gf this evening. I think we've pretty much decided that we'll both move back to Japan together. Prospects look much better for us there. AOS sounds terrible, CR-1 sounds doable. I figured it's better to pick up a career that I was actually successful in rather than stick around here in the US and start something new. Going back to my English teaching will allow me to support the early years of my new marriage.

Sounds like a good plan. Good luck!

[zatarra 1]

Thanks everybody!