CluelessAmerican

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?

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!!

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.

2 minutes ago, Boiler said:

Sorry should have commented on the HRR, most unlikely in her situation, J1 covers a wide ares.

 

Marry and adjust.

Sorry for being skeptical, but can you explain why you think it's unlikely that the HRR applies? I'll be very happy if that's the case, but I want to understand why you think it's unlikely to be a problem.

9 minutes ago, Boiler said:

Marry and adjust if she is in the US, sounds like she may have gone home?

She hasn't gone home yet. Originally she was planning to go home at the end of June and come back in August, but that was assuming she'd get a new J-1. Her current J-1 expires June 30 and apparently she must leave the country by July 31. However, if the two-year home country requirement that AK_2014 mentions turns out to apply, even marriage may not be enough. Maybe CR-1 would work, I don't know.

52 minutes ago, AK_2014 said:

Some J-1 holders are required to return to their home country for two years before becoming eligible to apply for permanent residence / immigrant visa. Other J-1 holders don't have this requirement. As you're planning your next steps, it's important to know her situation.

I understand now. Yes, that's critical to know, if true. The exchange program contact in California recently told her that if she can't get a visa this year, she'll be able to come back next school year (fall 2018). I assume that if her J-1 visa expires now, that's "the end of her visitor exchange program". If she can come back within one year, doesn't that suggest that she may not be subject to the two-year requirement? Also, I've heard that other teachers in her program have gotten H-1B visas to teach in the US after 3 years of the J-1. I'm not sure if that information helps.

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.

Thanks for the information about K-1 and CR-1. I wasn't familiar with those visas. I'd probably be more comfortable with the fiancée visa, just so things didn't feel as rushed. Before we knew about the problems with getting a new J-1, she was already planning to go back to Mexico for about a month to visit her family this summer. If she has to go back to Mexico to get the K-1, that would be fine. The issue is not really a month or two apart but a solution that will let us stay together and let her work here.

It sounds like the J-1 is her best/only option for teaching this fall. If she comes back on a K-1, she can still take classes or tests to complete the requirements for her California teaching credential. She might be able to get some kind of short-term job as well.

AK_2014: All I know is that her J-1 was originally good through June 2018. When she initially notified her school that she'd be leaving at the end of the school year, they changed the expiration date to June 2017. It's really too bad we didn't get together a few months earlier or this wouldn't even be an issue.  I'm not sure if that answers your question, though?