Lmab

8 minutes ago, serret said:

You should ask this to a lawyer. I tend to think this might be a bit problematic.

I don't know if you can change a J-1 visa to a tourist visa while you are still in US soil. Let's say you can, a tourist visa is a non-immigrant visa. So they will issue it only if they believe you will go back to your country. But if you don't go back and instead get married and file for a greencard, then that might be considered immigration fraud.

But I'm no legal expert, just someone who spends too much time in immigration forums these days. Your best bet is to ask an immigration lawyer. Immigration is a very tricky process and you have to be very careful. "I didn't know" is not a valid excuse for immigration officers.

Yes I’ll definitely talk with an immigration attorney.

But yes you can change your status in the US. You can’t change your Visa tho. Visa is made abroad in the foreign country. If you’re already in the US what you change is your status.

11 minutes ago, Chancy said:

 

Of course the DOS can cancel the tourist visa if they want, regardless of the expiry date printed on the visa itself.  They did so with mine when I got my other visa.

 

There’s no reason for canceling your Visa unless you did something wrong. There are many causes but it’s all related with illegal or mistakes made in the process.

You can enter the country many times you want, as long as your Visa is valid. 
 

If this happened to you, probably something happened. Can be related with your country, or the kind of Visa you were applying,  and maybe now you don’t need the other Visa you had. I don’t know. Every case is different. But don’t make generalizations as if this is applied for everyone in any circumstance. 

12 minutes ago, Chancy said:

 

Are you sure that tourist visa is still valid?  It's possible that the tourist visa was cancelled in the Department of State system when they issued your J1 visa.

 

Yes, the tourist Visa is valid for 10 years!

There’s no such thing as cancel this Visa just because I entered in the country with another one. If I come back to my home country I still can return to the US as a tourist.

7 minutes ago, beloved_dingo said:

Do you already have a valid tourist visa?

Yes I have a tourist Visa already. 
 

But I didn’t enter the country with this one 

14 hours ago, Lmab said:

Hello! Hopefully someone here will be able to help me. 

 

I’m currently an Au Pair with the J1 Visa and my boyfriend and I are planning to get engaged soon, for this reason I’ll leave the program. My questions are: 

 

1- Since I’m not a citizen and I’m already in the US and I won’t come back to my home country, is the K1 Visa the one I have to apply? (I see this Visa is to bring a foreign to the US but what if the person is already here?)

 

2- Am I gonna be “out of status” when I leave the program and wait for the Visa approval? Or there are any forms that I have to send while I wait so I don’t be “illegal”? 
 

3- Apparently you have to get married within 90 days in the K1 Visa, so this 90 days start when you send the documents or just after getting the Visa approved? 
 

Thanks in advance!

Thank you everyone for your responses!

As an Au Pair I’m not subject to the 2 years rule. I’m not gonna apply for K1 since it’s too complicated and this would result in spending too much time away from my fiancé.

So, if I get engaged, leave the program and change my status for tourist (I’m aware that I won’t be allowed to work or course and other rules) and then get married after a couple months, do you think I’ll have problem in my green card interview or when filling the forms to change status again?

14 minutes ago, Rocio0010 said:

This is exactly what I was telling you to avoid. 
not to be nosy, but why would you leave the program when you get engaged? Being engaged does not confer you any legal status. 
This person had a K1 visa, got married, and delayed sending her package. Things went south quickly:

Fresh out of jail

The main reason why I wanna leave it’s because it’s not a regular job. I live where I work, I’m far from my bf and I had so many bad experiences in the program and I’ve been through a lot. Staying it’s not an option anymore unfortunately.

My J1 is expired but I’m in the extension of the program and my DS still valid. So can I quit the program and stay “out of status” until my DS expires and then get married? I mean, that would be legal? 
 

So there’s no way I can have an status for just being engaged right? Other than that I’d have to just get married straight?

1 hour ago, JeanneAdil said:

You can not switch from J1 to K1 in the US

if you want to stay ,  u must remain legal under the J1 visa terms

 

otherwise,  marry here and USC applies to adjust your status as a spouse 

you will be legal when receipt of the AOS I 791 

 

for a K1 visa you would return home and stay till visa is approved (and u still have to AOS in the USA)

90 days to marry after entering US on K1 visa 

 

So if I can’t apply for K1, what form should I send instead?
 

We don’t wanna rush into marriage now, so when we get engaged and I leave the program what status I’m gonna have/or should change for?

It means that we have to get married until my DS expire?

Hello! Hopefully someone here will be able to help me. 

I’m currently an Au Pair with the J1 Visa and my boyfriend and I are planning to get engaged soon, for this reason I’ll leave the program. My questions are: 

1- Since I’m not a citizen and I’m already in the US and I won’t come back to my home country, is the K1 Visa the one I have to apply? (I see this Visa is to bring a foreign to the US but what if the person is already here?)

2- Am I gonna be “out of status” when I leave the program and wait for the Visa approval? Or there are any forms that I have to send while I wait so I don’t be “illegal”? 
 

3- Apparently you have to get married within 90 days in the K1 Visa, so this 90 days start when you send the documents or just after getting the Visa approved? 
 

Thanks in advance!