Applying for K-1 while having J-1

[BarbiHun 0]

Hi there,

I hope someone can help us. I am a Hungarian citizen and my fiance is from US. I am finishing school in September and after that I would like to move to US as soon as possible. I am going to have a J-1 cultural exchange visa for the summer and my question is whether it is possible to apply for the K-1 while I am having J-1 and actually spending the summer in US. Our plan is to file in April, so the application can be processed while I am in US and after I get back the waiting period would not be that long.

Is it possible to have one visa, be in the States and have the K-1 in process?

Thanks a lot!

[KayDeeCee 4,902]

Sure, but if you have no 2 year home requirement on your J-1, then why not just marry while in the US, stay and file to adjust status and skip going back and forth and filing for K-1?

[BarbiHun 0]

Thanks for the answer. As I was told, in this case I would need to stay in US. But I have my graduation in September. I gotta come back.