• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

need help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?WI
Hi, I want to marry my US boyfriend. I know about K1 visa, the problem is he is on a probation period for drunk driving, so he can not leave USA for 5 years. I got rejected for B2 visitor visa. We can not meet and we can not apply for K1. We have been looking for a way to be together for nearly an year. We really need help. He is a sole proprietor, my question is, can we apply for j1 visa if he wants to hire me? And if I get j1 visa, what happens if we get married there?. Can I adjust my status from J1 to a resident after the marriage without going back home? The rule for 2 years HRR will probably not apply for me as I have enough funds to support myself during my stay on j1.
Thank you very much in advance.
 


HappyHusband

Senior Member
vanyauzunova said:
What is the name of your state?WI
Hi, I want to marry my US boyfriend. I know about K1 visa, the problem is he is on a probation period for drunk driving, so he can not leave USA for 5 years. I got rejected for B2 visitor visa. We can not meet and we can not apply for K1. We have been looking for a way to be together for nearly an year. We really need help. He is a sole proprietor, my question is, can we apply for j1 visa if he wants to hire me? And if I get j1 visa, what happens if we get married there?. Can I adjust my status from J1 to a resident after the marriage without going back home? The rule for 2 years HRR will probably not apply for me as I have enough funds to support myself during my stay on j1.
Thank you very much in advance.
You don't necessarily have to meet in person for the K-1 visa, if you can show that this is not possible.

From form 129-F instructions: "2) It is established that the requirement to personally meet your fiancé(e would result in extreme hardship to you." (You=Petitioner)

You could try this approach with the K-1 visa, explaining how this requirement results in extreme hardship.


You could try for a J1 visa, but it is illegal to enter the U.S. on a nonimmigrant visa with the intention of marrying a U.S. cititzen. They would investigate this intent, after you apply for adjustment of status and go to the interview at USCIS.

Try the K-1.
 
thank you

Thank you for your response. I have heard about the extreme hardship. It is much more expensive when i get an attorney and it is VERY hard to prove extreme hardship. It is most likely that I would get rejected the K1 visa with extreme hardship in our situation. Maybe I can still go on J1, meet him in person and then apply for K1? If we do so, do I have to go back to my own country for an interview in USA embassy for the K1? I prefer not to risk ,applying for K1 and getting rejected because after that it would be extremely hard to get any other kind of visa. Please, HELP. Thank you.
 

HappyHusband

Senior Member
vanyauzunova said:
Maybe I can still go on J1, meet him in person and then apply for K1? If we do so, do I have to go back to my own country for an interview in USA embassy for the K1?
Yes, if you do so, you would have to go back to your home country and wait for the petition to be approved, and then wait for your interview to be scheduled at the U.S. Embassy.
Or your boyfriend could petition the courts to allow him to exit the country?
 
You seem to be very well informed and this is what i needed, a person, who can help me. I have read a lot about all kind of visas in I-net and I am so confused. What is the right way and what we should do? I have contacted a lot of attorneys and they all have different opinion about everything. Yes, I am not allowed to marry if I go on J1. But if I go there and marry him in a few months? Not straight away. So, my intention was not to marry him. My intention is to work for him. But I meet him and in a few months we decide to marry. Then, do you think I would still have problems with adjustment of my status? Because I am really afraid that If we apply for K1 and IF i get rejected, I would never be able to comeback to him again. Maybe you can read my confusion and despair in this letter.
 

HappyHusband

Senior Member
vanyauzunova said:
You seem to be very well informed and this is what i needed, a person, who can help me. I have read a lot about all kind of visas in I-net and I am so confused. What is the right way and what we should do? I have contacted a lot of attorneys and they all have different opinion about everything. Yes, I am not allowed to marry if I go on J1. But if I go there and marry him in a few months? Not straight away. So, my intention was not to marry him. My intention is to work for him. But I meet him and in a few months we decide to marry. Then, do you think I would still have problems with adjustment of my status? Because I am really afraid that If we apply for K1 and IF i get rejected, I would never be able to comeback to him again. Maybe you can read my confusion and despair in this letter.
I am not an immigration expert, by any means.
You would have to prove that you had no intention of marrying a U.S. citizen. You would have to explain how he found you to help you get a J1 visa. I am assuming you meet the qualifications for J1.
If you can prove that you only intended to work, then you should be OK. But I can not advise you to try to commit fraud, although I do understand your situation.

On the other hand, it should not take much to file a petition to amend the conditions of your boyfriend's probation. The court will either say yes or no, and it may not take as long as applying for a J1. This is the only obstacle to the K-1 visa, which is still the most straightforward means to your desired results.
Where are you, by the way?
 
I am a bulgarian citizen currently working in Ireland with work permit. But for any interview I will go to the USA embassy in Bulgaria. It is most likely that he will not get a travel permit from the court to visit me.
 

HappyHusband

Senior Member
vanyauzunova said:
It is most likely that he will not get a travel permit from the court to visit me.
Every probation has conditions. Some conditions do not allow the person to possess guns, get caught drinking, or leave the country.
He can leave the country if he wants, no one is going to stop him, but if he does, he violates the terms of his probation, which is a concern of the state of Wisconsin, not the U.S. government.
The court will not issue a travel document, they will just let him leave the country without violating the terms of his probation.
It is worth looking into.
 
In this case the best way is to try to get permissin to come to visit me in Ireland.What is that he must do? Does he need any documents or something to show to the judge? Thank you again.
 

HappyHusband

Senior Member
vanyauzunova said:
In this case the best way is to try to get permissin to come to visit me in Ireland.What is that he must do? Does he need any documents or something to show to the judge? Thank you again.
Tell your boyfriend to talk to his probation officer. If the PO doesn't help, he will probably need a lawyer to get that condition removed from his probation terms. (You may want to post that question in the Criminal Law section, under Sentencing/Parole).

Once this is taken care of, all that he needs is his passport, and he can visit you in Ireland (or anywhere else for that matter).
 
Thanks, you are very helpful for me. He does not have a passport. Can he issue one after getting the permission? Or he will have problems with getting a passport because of his probation period?
 

HappyHusband

Senior Member
vanyauzunova said:
Can he issue one after getting the permission?
He can obtain a passport at any time.

vanyauzunova said:
Or he will have problems with getting a passport because of his probation period?
This will have no effect on his ability to obtain a passport.
 
HappyHusband, I am afraid I have one more question. My boyfriend was today to an attorney. He told him that he can help me to get B2 visitor visa. He can arrange my stay there if we marry 60 days after i arrive in USA on B2. What do you think? How can i prove that I did not have the intention to marry, what is the difference if we wait 60 days. It will be still not legal for me to marry on B2. The attorneys confuses me more.
 
Oh, and something else, even if we do so, marry in 60 days, we will have to wait for the I-130 petition to be aproved and then I can apply for AOS. If the petition is aproved after my B2 expires? That means that when i apply for AOS I would be not legal there?
 

HappyHusband

Senior Member
vanyauzunova said:
HappyHusband, I am afraid I have one more question. My boyfriend was today to an attorney. He told him that he can help me to get B2 visitor visa. He can arrange my stay there if we marry 60 days after i arrive in USA on B2. What do you think? How can i prove that I did not have the intention to marry, what is the difference if we wait 60 days. It will be still not legal for me to marry on B2. The attorneys confuses me more.
You would be taking a big risk. When you go to your adjustment of status interview, they could determine that you did intend to marry, on the visitor's visa. USCIS are very inconsistent with enforcement of their policies. What one officer will approve, another officer will deny. You could end up married and in different countries.
If you enter the U.S. on the visitor visa, then you have met and you can return to Bulgaria or Ireland. Then you can apply for the K-1 visa with no problems.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top