Jen

I am an American citizen and my boyfriend is currently here with a J1 visa for the
summer. I met him in Europe ( I was living and working there at the time) and we were
together for 6 months before he arrived here in the States. Now we have been together
for over 9 months but he has to go back to Europe soon since his J1 is expiring.
We've made a serious commitment to each other and we are at a difficult crossroads.
I'm not sure what our options are at this point and I'm worried. I am hoping that
someone out has some info. or advice.
1)Is a K1 visa, and then marriage, the only way for us to be in the U.S. together?
2)Is my boyfriend even eligible for a K1 since he is here on a J1 right now? I know
there is some sort of requirement connected to the J1 which means that he might
have to return to his nation of origin for 2 years before being eligible to return
to the states. This has me VERY worried!
3)I've been working in Eastern Europe for the past 2 years so I'm also worried that I
probably won't be able to demonstrate that I can support him financially here in
the States. I am currently looking for a job and applying to graduate schools. Will
this limit our chances for a K1? Is there any hope for us?? My boyfriend is the man
of my dreams and I don't want to lose him. Well, that is what's been seriously
weighing on my mind. I appreciate all responses and thank you in advance.- Jenny

Wolf2743mi

Hi Jen; If I understand you correctly. Your guy is already in USA with you? Then
marry him here and forget about the K-1. Marry and then simply adjust his status
from J-1 visa. If you try the K-1, and there is no need for it at this point, he
will have to go back to his country while you apply here in the States. Then he will
be allowed to come back after you have dotted all the i's and crossed all the t's.
And of course, signed your name, and much wampum, over to "Big Chief Big Checks",
over at the land of the INS. That is before Bigger Chief of many checks and
Collector of even more wampum at Department of State gets a crack at you. And your
checking account. It would be a waste of time and money.Go for it Jen. You will
strike a blow for all of us.

Seriously Jen Good luck and I wish you and your man well. I know this is important to
you. Just marry him and adjust his status. Go to the INS website for instructions. It
is not that difficult. You have friends here. ( even silly ones like me) I look
forward to hearing how things go for you.

Take care Mike


Good luck Mike

Des

Hello Jenny,

provided the two-year residency requirement for the J-1 is not an issue (more about
that later), you have a couple of other options: your boyfriend could get a F-1
student visa (for studies towards a degree), or a H1B work visa. If he was to work
for a global company, that was willing to send him to the US to work, he could get a
L-1 (intra-company transfer). There are also specialized visas for certain types of
skills, i.e. foreign medical doctors, or nurses, if your boyfriend falls into that
category. So, no, the K-1 is not the only option available to you, though it is
certainly the easiest for him to get a green card and live and work in the US for a
longer period of time with you.

2. The J-1 may or may not come with the two-year residency requirement. The only way
to know for sure is to look in your boyfriend's passport, and to check the
paperwork he received with the visa. If he is required to return home for two
years, this should be checked on the paperwork. If this box has been checked, it
is difficult to overcome. Alvena or Rete might remember which waiver can be filed?

3. As for the Affidavit of Support, if you were unable to make the required 125% over
the poverty line, you can always enlist a co-sponsor. If your parents, family or
friends are happy to sign for him and submit their last three years of tax returns
to document this, you should be fine.

Hope this helps a bit,
- Des