MVV

HI everyone! Please help me! I'm desperate.

I am a J-1 visa holder and US government sponsores my Master's in the States. I originally planned to go back to my country and serve the 2 required years as I'm supposed to. But unexpected happened - I met a person who changed my whole idea about relationships. I love him dearly and want to be with him, but what I've been reading about J-1 visas makes me feel it's going to be quite a fight.

I was reading "j-1 and residency" thread initiated by laurajanya and it has been very helpful. Lucy-MO wrote that although J-1 visa holders can't adjust the status in the US, but they can apply for any other non-immigrant visas (other than H and L) and come back. So basically it leaves you with F (student visa). Since I already have Master's (well, I'll have it this December), it means I will have to apply for a PhD. This is both a major time and money commitment. Time is not a problem, but money is.

Do I have any other options? I was reading about K-3 visas that allow you to stay in the States while you complete processing for permanent residence. K-3 visas fall under a non-immigrant category (and only H and L are not "avaliable for those who had a J-1 visa").

I will be emornously grateful to everyone who can shed some light on what I can do about my situation. PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

AnnaV

Hi,

Coming in as an F1 will not forgive the 2 year HRR. From what I understand (I used to be a J1 with HRR, too), you can either try a waiver or serve your time (sounds like a prison term, doesn't it? ).

You won't get approved for a K-1 or K-3 either if you haven't done either the waiver or the 2-year term. THAT gets checked at the embassy or consulate during your interview. And they REALLY check that, too. Every day you spend outside of the country counts against the 2 years. For example, you returned to your country on January 1, 2004. You left for a month's vacation. That means your HRR won't be done until at least Feb 1 2006. In other words, you have to be physically present in your country for an aggregate of 2 years before you can immigrate.

At the AOS interview, they will ask you about your J1. I had to submit a copy of every page of my passport (I had a B1/B2 visa which I used extensively while completing my HRR) to make sure that I did spend 2 years physically in my country of origin. That delayed approval of the AOS by about 5 months (I just received my approval letter).

I hope someone who knows more about this can provide more information for you, and correct any inaccuracies I might have given. Good luck.