J1 waiver + 130 petetion

P

plys

Registered Users (C)
Hi,

I am here on a J1, getting married soon and since I have the 2 years home rule, I am applying for a waiver.
Is it smart to apply the 1I 130, or shall we wait until the wiaver or the 2 years are over, because USCIS might deby it anyways, because I cannot stay.
After everything is done, my lawyer advised me to apply for the Green Card instead the K3 visa, is taht smart?
How long would that take?
I am German, thanks, plys
 
you can file I-130 in advance. It's an application for an immigrant visa number, that's all. It can be approved and used any time after approval as long as the relationship between the petitioner and beneficiary stands. That is, if you are still married. It will not be denied because of HRR. you simply cannot apply for adjustment of status (I-485) or an immigrant visa until you get a waiver or spend two years at home.

While K-3 is a non-immigrant visa, you cannot use it to come to the States and adjust your status untill your HRR is fulfilled. You can only use it to come to the STates to visit your husband until two years in your home country have been accumulated. Don't forget that you will have to subtract the time spent in the US...

You can file I-130, maintain J-1 status and wait for the waiver. You cannot, however, be out of status while you are waiting for the waiver, since the DOS requires proof that you are in the country legally.
 
Next question:

I f we dont get married ( we rather want to be sure) I know I have to apply for the K1.
Now:
I did not quite understand your answer:
Can I already apply and when the 2 years are up (being in my country) they will automatically send me the k1 so I do not have to wait the 8 months for this?
How do I do thatt.
you also mentioned the I can come to the US on a K3 just not adjust my status makes sense, so it would mean I could apply and recive it?
Therefor the K3 would be rather better than the K1 because with teh K1 I have to marry within 90 days and cannot leave the US again.
Did I get that correctly or did I wrongly intepretet it in favour for me??
Thanks, plys
 
you will be better off if you marry before you leave. Your spouse can file I-130 on your behalf in the meanwhile, and by the time your HRR is done, you will have an approved I-130. WIth an approved I-130 you will get an immigrant visa. When you enter the US, you will immediately become a GC holder.

K-3 visa is for those, whose I-130 is not approved yet - it is a non-immigrant visa for spouses of US citizens, who can either travel back and forth while their I-130 is pending or they can come to the US and adjust their status.

Now, if you wait and don't get married, then you will have to apply for K-1, prove that you have met your fiance, there is a risk that you won't get a fiance visa, come to the States, marry within 90 days and then apply for adjustment of status.
 
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