J-1 visa or k -1 visa?

[mrlloyd]

Hello all,


I have a J-1 visa question.

My girlfriend who is Colombian was recently told by an agency that she can work in the US under a J-1 visa (not sure if the two year home residency rule applies) the first of the year. I recently spoke with an immigration attorney who advised me not to allow her to come to the US with a J -1 visa because she would have to return for two years to her home state.

My questions are should I
1. Allow her to take the visa in marry her six months into her J-1 visa and file for a no objection, plus K -1 after we get a response from her embassy
2. Tell her to turn down the agencies offer to teach in the US for a year and apply for a k-1
3. Marry her in Colombia this summer and file for a immigrant spouse visa

The attorney has told me based on my income I would have no problem with a K-1 and I have already put together over 75% of the paper work needed to apply for a K-1 visa or spouse visa.

If she comes here under a J-1 she will already have a job as a school teacher, but under K-1 she will have to wait for a green card I assume. She has already stated that she wants to teach and not sit at home waiting for a visa.

Any advices would be of help.

Thanks

Glenn

 

[kitten3]

>I have a J-1 visa question.
>My girlfriend who is Colombian was recently told by an agency that she can work in the US under a J-1 visa (not sure if the two year home residency rule applies) the first of the year.

You guys should find out whether this J1visa will come with 2YHRR.

>I recently spoke with an immigration attorney who advised me not to allow her to come to the US with a J -1 visa because she would have to return for two years to her home state.

You may let your fiance find someone who attended the same J1 pragram. She can hear J1 visa 2YHRR stories from them.

>My questions are should I
>1. Allow her to take the visa in marry her six months into her J-1 visa and file for a no objection, plus K -1 after we get a response from her embassy
>2. Tell her to turn down the agencies offer to teach in the US for a year and apply for a k-1
>3. Marry her in Colombia this summer and file for a immigrant spouse visa

>The attorney has told me based on my income I would have no problem with a K-1 and I have already put together over 75% of the paper work needed to apply for a K-1 visa or spouse visa.

>If she comes here under a J-1 she will already have a job as a school teacher, but under K-1 she will have to wait for a green card I assume. She has already stated that she wants to teach and not sit at home waiting for a visa.

She does not need to wait for GC to work in US. She can work with permit (Employment Authorazaition Card), which will come earlier than GC., probably before she gets bored.
Make sure that she submit work permit application. Application form for work permit is different from GC application form.

This book would be useful for you guys.
http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration/dp/1413305660
Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration [Paperback]