K1 Visa - Does my Spouse have to return home after the visa expires?

[Toby Cannon 0]

I met my other half in Colorado two years ago and we have dated steadily since.

She has been in the US twice now on a J-1 visa working with me at a ski resort in Colorado.

We have recently got engaged and I am interested in finding out if after she receives her K-1 visa and we get married here in the US, does she have to return back to her home country after the K-1 visa expires? Also what do we have to and what should we do next?

[Sirdaniel42 86]

Please read the guides above, or here http://www.visajourney.com/content/guides

The purpose of a K-1 visa is to come to the US get married and STAY!! It becomes void as soon as she enters the country.

[Lainie B 465]

I met my other half in Colorado two years ago and we have dated steadily since.

She has been in the US twice now on a J-1 visa working with me at a ski resort in Colorado.

We have recently got engaged and I am interested in finding out if after she receives her K-1 visa and we get married here in the US, does she have to return back to her home country after the K-1 visa expires? Also what do we have to and what should we do next?

No, she cannot leave, if she does you will have to start again with a spousal visa petition. She has to stay and apply for her green card through adjustment of status

http://www.visajourney.com/content/k1k3aos

[Toby Cannon 0]

No, she cannot leave, if she does you will have to start again with a spousal visa petition. She has to stay and apply for her green card through adjustment of status

Thank you so much! During this time will she be able to work or study here in the US? She currently is here on her J-1 visa and has a Social Security number, would that be valid during the adjustment of status and K-1?

Also should i begin the K-1 application while she is still here on her J-1? She leaves at the end of March.

Edited January 26, 2013 by Toby Cannon

[Lainie B 465]

Thank you so much! During this time will she be able to work or study here in the US? She currently is here on her J-1 visa and has a Social Security number, would that be valid during the adjustment of status and K-1?

If she is currently here on a J-1, why not just skip the K-1 altogether, get married now and adjust status? Is there a reason she needs to return to her home country?

Edited January 26, 2013 by Lainie B

[Toby Cannon 0]

If she is currently here on a J-1, why not just skip the K-1 altogether, get married now and adjust status? Is there a reason she needs to return to her home country?

I didnt know that was an option!!! The J-1 visa I thought required her to return back to her home country after its expiration?

[Lainie B 465]

I didnt know that was an option!!! The J-1 visa I thought required her to return back to her home country after its expiration?

Is she subject to the 2-year home rule on her J-1?

[Toby Cannon 0]

Is she subject to the 2-year home rule on her J-1?

No she is not.

[Lainie B 465]

No she is not.

As long as she didn't enter the US on her J-1 with the intention to marry you and adjust status, then you should forget the K-1 and get married and adjust status

http://www.visajourney.com/content/i130guide2

[Toby Cannon 0]

As long as she didn't enter the US on her J-1 with the intention to marry you and adjust status, then you should forget the K-1 and get married and adjust status

Lainie, thank you so much for your advice! I think this is the route we shall be taking!

[Lainie B 465]

Lainie, thank you so much for your advice! I think this is the route we shall be taking!

No problem! Here is the forum for people who are adjusting status from work visas etc

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[Toby Cannon 0]

No problem! Here is the forum for people who are adjusting status from work visas etc

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Lainie, on that guide you sent to me it says that before applying for the I-130 in the US that:

"J1 Visa holders will almost always require a waiver"

Do you know what sort of waiver this is and how we would go about applying for it?

[Krikit 1,164]

Welcome to the Board, Toby. I am going to move your thread from K-1 Visas to the AOS From Work Student and Tourist Visas section. You'll find all the information you require in that forum.

[Lainie B 465]

Lainie, on that guide you sent to me it says that before applying for the I-130 in the US that:

"J1 Visa holders will almost always require a waiver"

Do you know what sort of waiver this is and how we would go about applying for it?

For the two-year home residency requirement. But she is not subject to it.

[Moomin 292]

Toby, can you clarify what your intentions are? K-1 (you mail the petition, fiancee goes home and finishes process in home country, returns with a K1 visa and you get married), or file as spouse (you marry now, submit all necessary documents and medical, stay in the US and have the interview in the US)?

If your fiancee can wait a bit visiting home country, then getting married now and adjusting status seems superior, your situation taken into consideration. She can visit back home with a pending application but she'll need an approved travel document. It's free of charged when submitted with the AOS application.

If both of you aren't ready for that path, you can file the I129f fiancee petition now instead. Then she can still stay here until her lawful stay is up and thereafter go to home country. This way, she'll need to do medical exam and interview in home country, and she'll have up to 6 months from visa is issued until entering the US again with the K1 visa. This is a longer and more expensive than the other solution but it does provide time in home country. SHe cannot work immidiately after entering the US on a K1 visa either.