US citizen trying to stay together with gf

[CluelessAmerican 0]

Based on http://www.visajourney.com/content/exchange-visitor-visa-guide#15, it looks like she may not be subject to the 2-year HRR. There are three possible reasons it can hold:

1. Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence.
2. Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training.
3. Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List.

Regarding #1, she just showed me block 5 of her DS-2019 form, which summarizes her funding. It says she'll be supported by her local school district and her personal funds. No state funding, no federal funding.

 

#2 clearly does not apply. As for #3, Mexico apparently isn't on the Exchange Visitor Skills List at all, so that also seems fine.

 

I'm still not fully confident about #1 (what's "indirectly"?), but looks like it may be OK.

[Boiler 43,451]

Her visa should say if it is subject to a 2 year HRR.

[CluelessAmerican 0]

1 minute ago, Boiler said:

Very few J1's are subject to the 2 year HRR those that are usually relate to being funded by Governmental sources.

 

Being a paid teacher makes this very unlikely.

 

Most of the J1's you see have the 2 Year HRR as by definition boards such as these attract those with issues, in this case a waiver for the 2 year period.

 

Thanks for clarifying. I think we reached the same conclusion (just posted above). That's a relief.

 

Is there a reason you recommend marry and adjust over her going to Mexico and coming back on a K-1? It seems like both would work, but the K-1 would give us a little more time so it won't seem so rushed. To be clear, I have no actual doubts about her or our relationship. I just think it's prudent not to rush into marriage.

 

I feel a bit strange about posting here as a US-born citizen. I know people on this forum have gone through hardships that are hard for me to comprehend in trying to get visas. I really appreciate the help!!

[Boiler 43,451]

K1 say will take 9 months?

 

Unless she has a strong need to go home in the next 3 months or so simpler and cheaper.

[CluelessAmerican 0]

1 hour ago, Boiler said:

K1 say will take 9 months?

 

Unless she has a strong need to go home in the next 3 months or so simpler and cheaper.

I read that K-1 averaged around 6 months, but I don't know what's typical. How soon could she work if we went the marry and adjust route?

[Boiler 43,451]

3 months or so, expedite may  be possible.

[CluelessAmerican 0]

16 minutes ago, Boiler said:

3 months or so, expedite may  be possible.

Thanks, that's very helpful. Is there any need to get a lawyer or other service involved to help? Or is it something that just requires diligence and attention to detail? I'm willing to do it myself but wouldn't want a small mistake to hold it up. Is there anything in particular to watch out for, for example instructions that are often misinterpreted?

[CluelessAmerican 0]

3 minutes ago, CluelessAmerican said:

Thanks, that's very helpful. Is there any need to get a lawyer or other service involved to help? Or is it something that just requires diligence and attention to detail? I'm willing to do it myself but wouldn't want a small mistake to hold it up. Is there anything in particular to watch out for, for example instructions that are often misinterpreted?

In case it isn't clear, I'm talking about filing forms I-130 and I-485 ("one-step adjustment" / "concurrent filing") and the various steps after that.

[dawning 212]

3 hours ago, CluelessAmerican said:

Thanks for clarifying. I think we reached the same conclusion (just posted above). That's a relief.

 

Is there a reason you recommend marry and adjust over her going to Mexico and coming back on a K-1? It seems like both would work, but the K-1 would give us a little more time so it won't seem so rushed. To be clear, I have no actual doubts about her or our relationship. I just think it's prudent not to rush into marriage.

 

I feel a bit strange about posting here as a US-born citizen. I know people on this forum have gone through hardships that are hard for me to comprehend in trying to get visas. I really appreciate the help!!

No need to feel awkward.  Many of us on here are native USC's in the same position as you:  trying to figure out how to be together with loved ones.  Good luck and welcome!

[Dashinka 23,251]

7 hours ago, CluelessAmerican said:

Thanks for clarifying. I think we reached the same conclusion (just posted above). That's a relief.

 

Is there a reason you recommend marry and adjust over her going to Mexico and coming back on a K-1? It seems like both would work, but the K-1 would give us a little more time so it won't seem so rushed. To be clear, I have no actual doubts about her or our relationship. I just think it's prudent not to rush into marriage.

 

I feel a bit strange about posting here as a US-born citizen. I know people on this forum have gone through hardships that are hard for me to comprehend in trying to get visas. I really appreciate the help!!

That is really the question that the two of you have to answer, do you want to get married now, or do you want a little more time to make sure?  As Boiler and others have pointed out, if you want you can get married now, file the AOS forms (130/485/765/131/864), and potentially within 90 days she will be able to work with her EAD, and then maybe in another nine months she will have a GC.  You can always do a quick courthouse wedding and file the forms immediately to get the clock started and have a larger reception later if you so desire.  The other options as mentioned are the K1 or CR1 that also have their benefits which have already been discussed.  Your comment about not rushing into marriage would lead me to the K1 route as it does give you more time to grow your relationship.

 

Good Luck!

[RO_AH 1,615]

16 hours ago, CluelessAmerican said:

To be clear, I have no actual doubts about her or our relationship.

If that is the case just marry and adjust. You can just get legally married and then plan for a bigger ceremony later where you can invite friends and family. The advantages are 1) save money 2) you will not need to be separated at all 3) she would be able to work sooner.

[David & Diana R 1,005]

20 hours ago, CluelessAmerican said:

millefleur: I should have been clearer about the job question. I don't know exactly how much she has in savings, but it's not zero. I can support her for a few months with my own savings regardless, and longer than that if we live together. The job I had in mind would be something she'd get in late 2017 or early 2018 and last until August 2018, when she'd hopefully have a teaching job lined up.

 

I just checked the K-1 income requirements, and I'm well above them.

 

As for the 90 day marriage requirement, p-ana is obviously right that you can't plan a proper wedding in that time. I was married and divorced in my 20s and don't really feel the need to have another big wedding, but I'm only half of the equation. :-) I guess we'll find a way to make it work if K-1 is our best option.

Are you serious?  You can't plan a proper wedding in that time?  Well if she enters on a K-1 you will have no choice.  You must get married before the 90 days ends, no choice there.  I arrived in the Philippines and planned and executed our wedding in 7 days!  It was a beautiful wedding and feast afterwards.  You MUST get married before the 90 days ends...it almost sounds to me like you are thinking that bringing her on a K-1 will give you better time to get to know each other. That isn't really the purpose of a K-1.

[Coco8 1,039]

If she is in the U.S. you can AOS directly if you get married now. She is already in the U.S. so anything about "visa fraud" or "immigrant intent" is determined when she gets into the country. 

 

I think the issue with the J-1 is that if you have a J-1, you have to wait a year to get another J-1. However, depending which type of J-1 she has, they can be extended and transferred to other institutions pretty easily. I have friends who have done that with no problem. But I do not know all the details on how that works. 

 

 

 

 

[CluelessAmerican 0]

On 6/13/2017 at 1:40 PM, Coco8 said:

If she is in the U.S. you can AOS directly if you get married now. She is already in the U.S. so anything about "visa fraud" or "immigrant intent" is determined when she gets into the country. 

 

I think the issue with the J-1 is that if you have a J-1, you have to wait a year to get another J-1. However, depending which type of J-1 she has, they can be extended and transferred to other institutions pretty easily. I have friends who have done that with no problem. But I do not know all the details on how that works. 

Thanks. Sorry for the slow reply -- I wanted to reply but apparently was limited from doing so because I posted too much in one day, then I was out of town for a week.

 

The current situation with the J-1 is really frustrating. She had a job interview at a school last week and they are very interested in hiring her. However, the exchange program contact says that for her to get a new J-1 visa requires involvement of the US government and/or Mexican government, that is, the exchange program can't do it on its own, and therefore it won't happen. Does that make any sense?

[CluelessAmerican 0]

On 6/13/2017 at 1:40 PM, Coco8 said:

I think the issue with the J-1 is that if you have a J-1, you have to wait a year to get another J-1. However, depending which type of J-1 she has, they can be extended and transferred to other institutions pretty easily. I have friends who have done that with no problem. But I do not know all the details on how that works. 

A clarification: when she notified her district that she'd be returning to Mexico, they shortened her J-1 to June 2017. So to stay on J-1, she'd need a new visa. They're saying she'll have to come back next year for that, but they didn't cite any one-year requirement -- just that "we've already informed the US and Mexican governments and it's now done". However, in the past weeks she's spoken to them several times and during those conversations they left open the possibility of getting a new visa immediately. So what's going on? Do you know how to determine whether she's subject to this requirement?