True but I haven't heard of anyone having problems adjusting status while on a J1 visa (as long as there is enough time remaining on the J1 visa and the person doesn't have a dark past) but you occasionally hear about people having problems when adjusting status on vwp. I suspect there is more scrutiny when adjusting status on a vwp or B2 visa than a J1 visa. If I was the interviewing officer, I would be more suspect about someone on a vwp or B2 visa that was adjusting stautus wondering it the intent on entry was to get married and adjust status.

I didn't mention the VWP in my post for a reason.

Regards, JEff

In reply to Meauxna, the reason I want to do it is for some security should all my other efforts at getting in fail.

My point is, if I fail to get a H1B or J1 before 2012 (which might happen) I could go there and we could marry straight away. If I were to get a H1B or J1, then we wouldn't need to marry straight away to get me there (and therefore I wouldn't need to be granted the K1). Either way I'm in (and happy).

To me it would add some security. The university have said they are interested in my area of research and are applying for grants in that area. So I have a CHANCE there. But realistically, that is my only chance and they have already told me that they don't know whether they will get the money, given the economy at this time. I doubt I'm going to get a H1B from a normal employer, so am just trying to keep an option open should my postdoc plan fall through.

I'm trying to be proactive. I don't want November/December to come and me to have no postdoc, no job and no way of getting into the US for at least 10 months. I'm sure you can all understand that...

Well, here's some more information to consider.

I haven't tracked it in detail lately, but a K-1 is more likely to take about 6 months from petition to visa.

If you do get an H-1B, you can not come to the US before Oct 1 (or a couple of weeks ahead).

I don't really know what you're up to with the J-1 or what the university's timeline with grants etc is.

If you're willing to gamble a little, you can have your finacee put in the petition for your K while you see if these other avenues bear fruit, but that doesn't mean you have to apply for the visa. I do think that might predjudice a J application, probably not the H.
Then if nothing comes through, continue with the K visa application after petition approval. At that point, you're a couple of months out from moving.

meauxna,

That is exactly the type of thing I had in mind, i.e. I have a guaranteed route into the states at the start of 2012 no matter what happens. Thanks for the input.

A couple more questions... Hope you don't mind?

Where do you get the info on waiting times for K1s? I only based 10 months on what I'd read on here!

And secondly you say petition, see if anything comes of the other avenues (which will probably be resolved, one way or the other, by the summer) and then decide whether to 'apply' or not. What are the costs and waiting times associated with petition - acceptance and then application - visa?

Thanks again for your replies... Just want to make sure we've considered everything before we start to make decisions on the best way forward.

8 - 10 months is standard for the Immigrant Visa (for spouse). K-1 fiance visas are a bit quicker...figure 4 months for the I-129F approval and then a couple/few months for the visa part of the process, and you're looking more at 6 - 8 months for the K-1 process.

For cost, go to www.uscis.gov, Forms, and look at the fee for the I-129F. After that, there will be a visa fee (which needs to be paid ahead of your interview), the courier fee (to get your passport/visa back), the cost of a full medical exam ($400 or so, I think?), and the cost of a police report. Then once you're in the USA, the cost of adjusting status after marriage...$1,070 plus the cost of getting the vaccination sheet transcribed (doc sets his own price but figure $100+/-).

I believe the visa fee cost can be found on the US Embassy in London's website.

Rene

Ahhh... OK, so the only cost to petition are the forms and they take around 4 months to get back on the approval? Apparently $340 according to the site link.

So if we submitted around late summer (August/September), I would have up until xmas to decide whether I really want to pursue the K1 (which will only be the case if I haven't found another route). And we will only have spent $340 for the privilege of that safety net.

The other costs (after application for the visa) do not phase me at all, because once we decide (if we do) to go ahead then it will be an investment in the future and not just a safety net to fall back on any more.

Thanks for the advice guys. This site is fantastic!

That all sounds correct.

Rene

ooh, you get the gold star for doing your homework.

Yes, the petition I-129f cost is what I'm talking about in terms of a 'safety net'.

Then there is the cost of applying for the visa (200 pounds for medical, various photos & papers, + visa fee).

The part after the visa (according to your post) are going to be a requirement.. one way or another you will have to apply for permanent residence once you're married, whatever visa you get here on. Budget about $1500-2000 for that.