Jump to content
KT Time

J1 to Marriage - AOS? KR? IR1?


3 posts in this topic

Recommended Posts

Filed: Country: United Kingdom

I am currently doing some research on the best way that I can marry my boyfriend (soon to be fiance!) and stay in the US. For the record - whoever makes movies that make this look easy should be sued for the easyness it portrays!

Here is my situation. I would like to state for the record that I have NO INTENT of doing anything illegal or dishonest, my relationship is bona fide and I love my boyfriend very much. I am just merely looking at all angles.

This year I met my boyfriend when I was working on a J1 visa exchange program for 4 months. (actually we met before that in January when I was on VWP but we just started our relationship this summer) We fell in love - as crazy as it sounds - and became really close. We started talking about marriage in September before I left but decided, even though it felt right we wanted to be sure as it is such a big step - so decided that I should come home and we would continue to have a long distance relationship to see how things go. Things have been wonderful - I feel like we are closer than ever even though we are apart and we are looking to take the next step.

Being the over-cautious person that I am I wanted to do some research first of all my options and - thank you to everyone has posted in this forum as what I have read so far is INCREDIBLY helpful.

My question though is this.....

I will be applying for a J1 visa again to come back to work next summer (2014) I have looked at options of K1/3, IR1/CR1 visa's and - we just want to do it right and be together.

If I have 'intention' of marrying my fiance while I am on the J1 visa - this is fraud right? But if we plan to marry at a different time - and then we impulsively decide to marry this summer... that is ok since I have not entered with the intent of marrying? I will also clarify that I do have a job that I return to every year so this would not be the reason I would return in the summer - primary reason would be for work - marriage would be the bonus.

I could then file for an adjustment of status to stay - but if we got married in say, May - does that mean I need to quit my job? What if we got married in September after I had finished working? I understand that I would need to apply for an EAD to work again - If we got married in May, could I continue to work on my J1 and then file to continue to work in September when I was finished?

We are talking about getting engaged when I return to visit in December - but being engaged I think will potentially hinder me getting the J1 visa since I would have to declare that (right? or no?) Again - I don't want to do anything wrong, but... if we were not engaged until afterwards then maybe it does not count.

We then thought about getting married in Dec right away and filing for a IR1 - but that means I will not be able to return for this summer to my job that I have already made a commitment to, and then we will need to be apart for a number of months before I could return.

Can anyone give any advice? I feel like if we had just got married in September then we could have done the AOS and I could have stayed with him while that was pending and potentially have the ability to work again now. Has anyone applied for a J1 visa that was engaged? And then gotten married - did you stay and AOS or leave and IR1?

Thank you to anyone who can help!!

Points to note: Again - NOT trying to do anything illegal but looking for the best, quickest (cheapest) option that allows us to be together

My J1 visa is NOT subject to the 2 year home residency rule - I have had multiple J1's including an 18 month internship and none of these have had these restriction and I would be HIGHLY surprised if this one did.

Link to comment
Share on other sites

My advice is to not make plans at this time. Come to the US and see how you feel then. Be honest that you have a US boyfriend on your current J-1 application.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Jamaica

I came here on a j1 back in 2008 I met my husband and we got married years later and I was able to adjust my status. the only problem u may encounter is if the 2 year rule apply but for the four months program I doubt it do. if u marry him in may u need to update it at ur job for tax purposes and if u decide to stay beyond September u have to apply for i130 and i485 and i765 to get a ead to work. its not a complex thing but u should never come on a non immigrant visa with the intent to marry its illegal but u marrying a usc waives the "crime".

08/2012 Discussed my immigration issues with a lawyer

08/2012 Started gathering evidence

11/2012 Paid my deposit (forgot to sign documents)

01/2013 Signed documents

02/19/2013 Vsc received my application

02/22/2013 NOA mailed out

My lawyer has a prima facie never collected it Caz I don't need any benefit at this time.

03/05/2013 EAD mailed out (actual ead date, it will expire 03/04/2014)

03/08/2013 Lawyer received biometrics for 3/17/2013 (day after my edd, [expected due date] did early walking 3/12/13)

03/29/2013 Card in hand (lawyer received it abt a week earlier but I delivered so was unable to collect it)

Waiting for my i360 approval but I'm in no rush (good things come to those who wait)

8/14/13 i360 approved. :)

10/8/2013 aos interview. .. approved :)

10/9/2013 status adjust to lpr and welcome package mailed out.

8/15/2013 I484 transfered to local office. :)

Link to comment
Share on other sites

Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...