resu

Hi there,

I asked a similar question a couple of weeks (or months) ago which lead to a quite aggressive discussion, however I can't find that threat or remember the outcome of it, so I'll go ahead and start a new one. The circumstances are slightly different from last time anyway -- I've not made up my mind and know what I want to do.

I'm currently in my last year at my uni in Sweden and will get my master degree in June 2005. I then have plans to go to America, where my girlfriend lives, as an exchange student taking graduate classes for two semester (fall 2005 followed by spring 2006). I've been on a J1 (exchange student) visa once before, and was on Swedish government funding, but according to an advisory opinion, I'm not subject to the 2 year rule (Home Residence Requirement).

If I go there again, I will provide my own funding to avoid the 2 year rule. My plan is to study and I have no false intensions. I will take the classes and then go back to Sweden.

However, love is unpredictable and I want to know what happens if I during my J1 stay get engaged to my girlfriend, and want to apply for a K1 visa while still in America. Would this be possible? If not, how far in the K1 process can I go (and how much would be left) before I need to be back in Sweden in order to proceed?

Also, what if I would get married while on a J1 visa and want to apply for a K3 visa while still in America? How long would the full procedure be and when would I have to go back in Sweden in order to proceed (if at all)?

Once again, my intensions are not to go there on a J1 visa and then get engaged or married. I just try to avoid unpleasant outcomes.

Thanks for any kind of help or advice,
Ola
Sweden

whistlestop01

I found this thread which might be the one:

http://britishexpats.com/forum/showt...highlight=occl

DCMark

If you are here on a J1 w/out the 2 year rule you can get married in the US and file for AOS. No K1 or K3 needed.

Don't leave the country following marriage without filing for AOS and getting advanced parole.

resu

Thank you, that's the one. However I doesn't answer my question :/

O.

resu

The thing is that I need to go back to Sweden after my two semesters (i.e. in May 2005) no matter what happens. So marriage and then AOS would never be an option.

However, engagement could happened. Could we then start the K1 visa process while I'm still in the U.S.? I would then, after my two semesters, go back to Sweden for 3-4 months (I have to do this). During that period, I could finish up the K1 visa process, since I guess I will have to be present in Sweden at one point in the process anyway.

So I guess my question is: could I possibly apply for a K1 visa while I'm still in the U.S., then go back to Sweden and have the visa within 3-4 months? This would mean to do the major part of the process while in the U.S., and the final part during 3-4 months while in Sweden.

Thanks,
O.

Hypertweeky

Hi there

I remember you!!

You could apply for advance of parole to leave the country, If you apply for AOS while you are IN status I don't see why you'll have any problems to get back in the country.
Correct me someone If I am wrong!

Hypertweeky

Hey again

In the form I-129 question No 12 it asks if your fiancee is currently in the US. If you are in the US IN status I don't see why your US fiancee can start the ball rolling while you are there, as long as you go back to the consulate abroad for the interview I think you should be ok
What state does your fiancee live?. If she lives within the Vermont jurisdiction you guys are lucky!!