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Nicolo Vito Nesta

J1 Visa Vs I-130 Petition

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Hi,

I'm Italian and I am married with US citizen. My wife, that has Italian citizenship also, has  always lived in Italy since 1981 when she was 8 years old. Now we want to move to US so she has fil a I 130 petition. But she hasn't any income in US and we need a Joint Sponsor or need my wife's US income. A US company have offer, to us, a job. For me, this company, can offer a J1 visa to come there and ork. But I have a I 130 petition pending. The only obstacle to have green card is the financial guarantees that my wife will have next genuary 2020. Is possible or is it convenient to accept a J1 visa and then complete my petition in 1 year? Or would I cancel that petition by having the J1 visa? If I did not have a green card in 2020, how could I stay there and work? I am struggling to accept the J1 and begin to create an income in the US or expect better guarantees.
Thanks

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Might be easier to just find a joint sponsor or your wife move to the US first to establish her domicile and find a job. That's how things usually go. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

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1 hour ago, Nicolo Vito Nesta said:

I need an advice: if a accepting J1 visa could I stop my previous I 130 petition? I and my wife want to move togheter but she has US Citizenship and I no. How we can  stay in the USA after my J1 visa expires?

A J-1 visa applicant can not have immigrant intent.  Your wife has filed an I-130 showing your intent to immigrate.  Stopping the I-130 does not undo the fact that you filed with immigrant intent.

 

It would be a HUGE mistake to withdraw the I-130 and apply for the J1 since you can not show that you do not have immigrant intent.  You are already planning to stay after the J1 expires, so that's immigrant intent disqualifies you from the J1.

 

Withdrawing the I-130, then having your J-1 visa application rejected for immigrant intent will only set you back.  You will waste time and money.  In rejecting your J-1 visa, the US Embassy will tell your wife to file the I-130 for the correct visa to immigrate.

GET A JOINT SPONSOR.  OR YOUR WIFE COMES FIRST, GET A JOB, THEN YOU COME.

 

The ONLY WAY for you to move together is for her to get a JOINT SPONSOR.

Edited by aaron2020

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27 minutes ago, Nicolo Vito Nesta said:

So you tell me that the only way to come there is or get a joint sponsor ( but I don't have one) or that my wife comes first, get a job and then sponsor me. Is possible that there isn't another solution? Other visa?

 

Understand that ALL OF US have been separated from family during our immigration processes.  

 

If there was another way, we would have told you already.  There isn't.  

 

If you want to immigrate, then get a Joint Sponsor or have your wife come to the US and get a job first.  There is no other option.  No other visa.

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1 hour ago, Nicolo Vito Nesta said:

So you tell me that the only way to come there is or get a joint sponsor ( but I don't have one) or that my wife comes first, get a job and then sponsor me. Is possible that there isn't another solution? Other visa?

For the USA, a person with Immigrant intent (which you clearly have) there is no path AROUND an immigrant visa.  You have ONE visa path - one path to immigrate to the USA.


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