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  1. #1

    Default What's Best - K-1 or J-1 or ESTA to Marry

    Just wondering whats the best to do as I've been working in the states for the last 3 summers on a J-1 and I've meet my true love and been going out with her for the 3 years. However now we want to get married and wondering whats the best thing to do..
    1: apply for a k-1 fiance
    2; get another j-1 and just get married.

    I know if i get a fiance visa i have 90 days to get married but can I work on the k-1?
    Do I need to leave after my J-1 has finished? if so for how long?
    Can I apply for a resident visa before my j-1 has finished?
    What if we want to leave (to go on honeymoon) out of the US?

    please help as I've read soooooo many links and advise columns that I'm a bit comfused.


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Whats Best - a K-1 or J-1 Visa to Get Married

    A J1 visa is not an immigrant visa. If you apply for a J1 with intent to immigrate, and the USCIS figures that out, that can be deemed fraud. Also, if you're subject to the two year home residency requirement, marriage will not make that go away.

    A K1 visa, technically, is also not an immigrant visa but it does authorize your entry for the purpose of marriage within 90 days of entry and your application for adjustment of status following marriage.

    Best, in my opinion, to operate honestly and lawfully.

    If you are out of status, you have to be careful about traveling. Even with a pending I-130 and I-485, you would want advance parole.

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