K3 or Just AoS?

[Moriwood1015 0]

My fiance (non US citizen) is living in the US under a J1 visa we would like to apply for the marriage visa, but we aren't sure which visa to apply for. Her J1 visa will most likely expire before the AoS goes through (J1 expires Oct. 2014). I'm assuming that we need to go for the K-3 because she doesn't really have 'permanent' residence, but she is already in the US. She does not live in the same city and after her J1 is finished we would like her to move to my city.

So should we go K-3 then send in the I-129F so she can live in my city while the I-130 is being processed?

Just wanted to make sure we are going the correct route (We'll be married before we send in the K3 application). Thanks for taking the time to read this!

[AleGwi 11]

My fiance (non US citizen) is living in the US under a J1 visa we would like to apply for the marriage visa, but we aren't sure which visa to apply for. Her J1 visa will most likely expire before the AoS goes through (J1 expires Oct. 2014). I'm assuming that we need to go for the K-3 because she doesn't really have 'permanent' residence, but she is already in the US. She does not live in the same city and after her J1 is finished we would like her to move to my city.

So should we go K-3 then send in the I-129F so she can live in my city while the I-130 is being processed?

Just wanted to make sure we are going the correct route (We'll be married before we send in the K3 application). Thanks for taking the time to read this!

Unfortunately, there won't be any way of doing this without your fiancée returning to her country. As she is your fiancée and you are not married yet, you will need to file a I-129f petition, not am I-130 and it will be a K1 visa which again is otherwise known as a "fiancée visa" the K3 is typically a spouse visa if you are already married.

Your fiancée will need to return to her country because the conditions of her J1 visa dictate so. Also, it's not just a case of the petition getting approved, this can take up to 6 months or more anyway and then all the paperwork that she will need to fill out will be sent to her home address. She will then need to be there to submit the appropriate forms, pass a medical, and attend an interview at the US embassy in her country.

[AleGwi 11]

(We'll be married before we send in the K3 application). Thanks for taking the time to read this!

Only just saw this.. If you intend to marry, then you will need to submit a I-130 after you marry I believe. If you submit an I-129f then you will be approved for a K1 fiancée visa which you will not get if you are already married.

[aaron2020 11,651]

My fiance (non US citizen) is living in the US under a J1 visa we would like to apply for the marriage visa, but we aren't sure which visa to apply for. Her J1 visa will most likely expire before the AoS goes through (J1 expires Oct. 2014). I'm assuming that we need to go for the K-3 because she doesn't really have 'permanent' residence, but she is already in the US. She does not live in the same city and after her J1 is finished we would like her to move to my city.

So should we go K-3 then send in the I-129F so she can live in my city while the I-130 is being processed?

Just wanted to make sure we are going the correct route (We'll be married before we send in the K3 application). Thanks for taking the time to read this!

I am going to presume that you are a US citizen.

A visa is for entering the US. There is no need for a visa here since she is already in the US.

Applying for the K-3 gets her nothing. Even if you got it, you would still need to pay for and go through an AOS to get a green card.

As long as she does not have a J-1 2 year Home Residency Requirement, you can file to for an AOS in the US after getting marry.

If she has the J-1 2 years HRR, then you would need a waiver from her J-1 sponsor before USCIS will grant her a green card.

Once you file for an AOS, she can stay in the US until she gets her green card. Her J-1 expiring will not matter because the AOS allows her to stay in the US. This is assuming that the J-1 HRR is not an obstacle to adjusting her status.

Edited December 16, 2013 by aaron2020

[Moriwood1015 0]

I am going to presume that you are a US citizen.

A visa is for entering the US. There is no need for a visa here since she is already in the US.

Applying for the K-3 gets her nothing. Even if you got it, you would still need to pay for and go through an AOS to get a green card.

As long as she does not have a J-1 2 year Home Residency Requirement, you can file to for an AOS in the US after getting marry.

If she has the J-1 2 years HRR, then you would need a waiver from her J-1 sponsor before USCIS will grant her a green card.

Once you file for an AOS, she can stay in the US until she gets her green card. Her J-1 expiring will not matter because the AOS allows her to stay in the US. This is assuming that the J-1 HRR is not an obstacle to adjusting her status.

Thank you so much for your reply. Yes, you'd be correct, I'm from the US.

I'll check on whether her visa is HRR or not, but I'm pretty sure it's not. Her visa is for only 18 months with a 3 month period added for moving.

[KayDeeCee 4,893]

Yes, if she has no 2 year home requirement on the J1, then she can marry you, stay and file for AOS. You would follow this guide > http://www.visajourney.com/content/i130guide2

[Darnell 8,478]

So should we go K-3 then send in the I-129F so she can live in my city while the I-130 is being processed?

Under no circumstances was this ever possible. I think you're confused by the wording at the USCIS web portal that 'discusses' K-3 visa stuff.