catsutton14

Hi there,

Okay so I'm definitely aware that I'm making things more complicated for myself. But basically we have received our NOA1 for our I-130. Based on what the currenct processessing times say (I am aware this is different for each individual case) we predict that I should get my CR1 Visa interview around July.

However, I would very much like to enter the US prior to this and go back to work at the summer camp I work at (this begins in May). Obviously I would be unable to work on my CR1 visa since it wouldn't yet be issued. Therefore I would probably have to apply for a J1.

Now, obviously I would have to fly home during the summer for the medical and interview-which isn't really a problem. My confusion is as follows....
First of all-with no prooof of a job in the UK after summer, is there any chance I'll even be granted a J1. Also if I have a CR1 visa pending-will they think that I am just trying to get in to the US with no intention to leave?
And finally - if I was to enter on a J1, then fly home and have my interview and was granted my CR1, I assume my J1 would then be void and I would be going back to the US on my CR1 and working the rest of the summer on that?
(I've probably confused you majorly now lol)

Also, out of interest, is a J1 the only option if I was headed out there to work for summer? Or are there other visas for that?

Thanks,
Catriona

jeffreyhy

Correct. Not quite. You would be a Permanent Resident of the USA, and as such entitled to work in the USA. Regards, JEff

ian-mstm

Yes, there's always a chance.


Perhaps, but you're not obligated to tell them there's a CR-1 in progress.


It is perfectly okay to have two valid visas in your passport. One does not invalidate the other. At the POE, you tell the officer which visa you want to use to enter the US.

If you enter on the CR-1, you immediately become a PR and can immediately work for whomever you wish... including your prior J-1 sponsor.

If you enter on the J-1, you don't become a PR and you can work only for your J-1 sponsor. If you then wanted to become a PR by using the CR-1 visa, you'd need to exit the US and re-enter using the CR-1 visa.

It seems much easier to simply enter on the CR-1 and continue working for your J-1 sponsor.


No, there's also an H-2B visa.

Ian

jeffreyhy

Two nonimmigrant visas. But see 9 FAM 42.73 Notes, N1, with regard to the issuance of an immigrant visa.

Regards, JEff

ian-mstm

Ah... well then, I stand corrected!

Ian

catsutton14

Apologies, I have MORE questions regarding the whole 'other visa' thing.
Okay, so basically our I-130 is processing. Hopefully by March time (before if we were lucky) it will have been transferred to the NVC.

I would very much like to go out and be with my husband from around April. I would also like to return to work at the same summer camp I've worked at the past 5 summers. This would obviously mean getting another visa-most likely the J1 visa. The thing is, with a J1 visa you can only enter the US up to 30 days prior to when you begin working (which wouldn't be until around May 27th) Therefore I would have to enter the US under the VWP in April. Would I then have to leave the US and re-enter for my J1 to become valid?

My other issue is that, while I don't have to say outright that I have a CR1 visa processing, because of this I won't have any proof of my return to the UK after camp (which is usually required for a J1) because even though I'll have to return to the UK for my CR1 interview and medical, my long term intention is to be living in the US from the end of next summer onwards(if they let me haha)

Any advice? Best options? Or should I just give it all up and stay put until I get my CR1.

Cat x

Noorah101

Yes.

You are expecting the I-130 to be approved in March 2013. Once the case hits NVC, you're only looking at 2 or 3 more months for the rest of the process. If it were me, I'd stay put, finish out the Immigrant Visa, and just move to the USA permanently in June 2013. If you want to see your husband, I'd squeeze in a VWP visit, but that's all. I wouldn't bother with the J-1...it seems that the timing won't work for you...by the time you could enter the USA on your J-1 (or very shortly thereafter), you'll need to be back in the UK for your immigrant visa interview!

Rene

catsutton14

Ok thanks!
Is it likely to be any more than that? Or is it usually on the shorter end of the scale once it hits the NVC?

Noorah101

It depends how fast you submit the required items to NVC. All of those can be submitted within just a couple/few weeks, I believe. After that, it's just a matter of getting your medical done and getting an interview (figure the interview will be about 4 - 6 weeks out. So I'm guessing it could go as fast as 2 months, or as slow as molasses if you don't keep up with NVC's requests. LOL

Rene

catsutton14

Okay, so our priority date is October 15th. Do you think if we stay on top of things there is even a sliver of a possibility that I could have my interview in late May/early June? (Obviously anything could happen and nothing is guaranteed with visas) but just out of interest?

Noorah101

Yes, I believe that's a possibility, if you stay on top of everything.

Rene

catsutton14

Do you know what exactly the NVC will ask for? Which forms, etc?

Thank you so much for your help so far

Cat x

jeffreyhy

I don't understand what you're asking here. Your J1 visa will be valid from the moment it's put into your passport, and for the visa to be put into your passport the passport will have to be in the hands of the consular section. That pretty much means that you will not be in the USA at the time.

Regards, JEff

jeffreyhy

See the NVC's Immigrant Visa Processing web pages at travel.state.gov

Regards, JEff

Noorah101

Here's a start: http://britishexpats.com/wiki/CR-1

Rene