# How risky is AOS from a J1 and does anyone know what a DCF is?



## mmhullster (Apr 14, 2011)

Here is the situation:
My fiancee is a Japanese citizen working in America with a J1 visa
(no two-year ban). I am a US citizen working in Japan. I have been
here for two months, and I plan to remain for another four months.
Then I will go back to America. My fiancee and I will marry in
October of this year. She wants to quit her job soon, but to remain
in America.

My understanding of our options - is this right?? (I think most of this was found
assuming no legal representation):
I can apply for a K1 visa before we get married or a CR1 visa after we get married. I could apply for Adjustment of Status after we are married, but I have been advised that AOS is too risky to try without a lawyer. The K1 visa is a few months faster, but it is not granted as leniently as the CR1 visa. I've heard mention of something called a DCF that is very fast which I would do with her at the US embassy in Tokyo, but I don't really understand what it is - is that something that can only be done with a lawyer? Does the DCF result in obtaining a CR1 visa?

Neither visa requires that my fiance/ wife be living in Japan, just that she attend the interview in Japan. So with either path she could continue working in America with her J1 visa until her K1 or CR1 interview in Japan. If, on the other hand, we could go the DCF route, then she would need to be present for the presentation submission as well the interview some weeks later. So with the K1 or the CR1, she could fly to Japan just for the interview and one week later, she would be granted the K1 or CR1 and her J1 would be nullified. She would then be free to enter the US and stay as my wife or fiance.

Alternatively, she could leave America earlier and be living in Japan during the time that it takes for the K1 or CR1 visa to be processed.

I can only begin applying for the CR1 after we are married in October. I can apply at either the US embassy in Tokyo or in Washington DC (where we live). However, to apply to the embassy in Tokyo, I need to be living in Japan for at least six consecutive months to begin the application (in other words, I can't do it right now, I need to wait
four more months, which means I'd need to extend my stay here).

To apply to the embassy in Washington DC, I need to be living in Washington DC (so I'd again need to start in four months when I'd move back home, not right now). On the other hand, I've heard it mentioned that I could, actually, file state-bound (for the K1, specifically), even while I am still here in Tokyo. Is that only possible with a lawyer? If so, then without a lawyer, the earliest I could apply for the K1 visa would be in four months, and the earliest I could apply for the CR1 is after we marry,
in October.


We both greatly appreciate any time you can spare on this!

Sincerely,


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## Fatbrit (May 8, 2008)

AOS can be tricky from a tourist entry, especially under the VWP. But from J status it should be easy enough provided there is no 2-year home residency requirement attached to the J status.

Best to make sure you marry and file the AOS while she's still in status, though.


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## mmhullster (Apr 14, 2011)

Fatbrit said:


> AOS can be tricky from a tourist entry, especially under the VWP. But from J status it should be easy enough provided there is no 2-year home residency requirement attached to the J status.
> 
> Best to make sure you marry and file the AOS while she's still in status, though.




Thank you, Fatbrit!
No, there is no 2-year restriction on her J1... how long could AOS take? She'd be able to keep the J1 as long as she keeps her job, but she'd like to quit as soon as possible...


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## Fatbrit (May 8, 2008)

mmhullster said:


> Thank you, Fatbrit!
> No, there is no 2-year restriction on her J1... how long could AOS take? She'd be able to keep the J1 as long as she keeps her job, but she'd like to quit as soon as possible...


Budget 3 to 6 months for her to get the green card after filing. If you file for advance parole and the EAD (there's no extra charge), they'll be through in a month or so. With these she can work for anyone else and leave the country to visit home without killing the application.

She could quit her job earlier if it was that bad, but there are caveats.


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## mmhullster (Apr 14, 2011)

Fatbrit said:


> Budget 3 to 6 months for her to get the green card after filing. If you file for advance parole and the EAD (there's no extra charge), they'll be through in a month or so. With these she can work for anyone else and leave the country to visit home without killing the application.
> 
> She could quit her job earlier if it was that bad, but there are caveats.


Wow, that's wonderful! Thank you again for your quick reply!
I was talking with an attorney via a free consultation and he said that he absolutely does not recommend doing an AOS without a lawyer. He said that, just looking at online resources, there's no way we'd be able to figure out all the proper forms and interview questions. He said that AOS is basically immigration doing us a favor, since, technically, she has come to America on the wrong kind of visa. Hence, if we do everything perfectly smoothly on our end (possible only with a lawyer), they will grant the favor. But if not, they will lose patience and deport her. I've heard from someone who is not a lawyer but is an expert and assists with filing forms (also during a free consultation) that AOS is indeed risky, especially if her quitting her job seems to coincide with her adjusting her status. My understanding is that she can relatively quickly adjust her status to get a temporary green card, but after two years, we go together to get a permanent one. If she has quit her job in that time period, I wonder what would happen...

I'm new to the forum, and I don't know what "Moderator" means under your name. Can you please tell me a little about your experiences?

Thanks again!

Cheers,
Mike


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## Newyorkaise (Nov 30, 2010)

Mike, not to sound cynical, but bear in mind that the lawyer and the consultant who gave you those free consultations probably did so because each was hoping to convince you to use his/her services (as a lawyer myself, I'm allowed to say that without its being lawyer-bashing...). It's like going to a surgeon to ask whether you need surgery - not likely you're going to hear that a quick course of physical therapy will do the trick!

As for substantive answers to your questions, I'll leave that to FatBrit and the others who are competent to respond.

Good luck to you and your fiancee.


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## Fatbrit (May 8, 2008)

mmhullster said:


> Wow, that's wonderful! Thank you again for your quick reply!
> I was talking with an attorney via a free consultation and he said that he absolutely does not recommend doing an AOS without a lawyer. He said that, just looking at online resources, there's no way we'd be able to figure out all the proper forms and interview questions. He said that AOS is basically immigration doing us a favor, since, technically, she has come to America on the wrong kind of visa. Hence, if we do everything perfectly smoothly on our end (possible only with a lawyer), they will grant the favor. But if not, they will lose patience and deport her. I've heard from someone who is not a lawyer but is an expert and assists with filing forms (also during a free consultation) that AOS is indeed risky, especially if her quitting her job seems to coincide with her adjusting her status. My understanding is that she can relatively quickly adjust her status to get a temporary green card, but after two years, we go together to get a permanent one. If she has quit her job in that time period, I wonder what would happen...
> 
> I'm new to the forum, and I don't know what "Moderator" means under your name. Can you please tell me a little about your experiences?
> ...


The biggest problem with AOS for marriage is when you do it on a VWP entry because you've signed away any right to judicial overview of the process. With both a VWP entry and a B1/2 entry, you're also looking at allegations of fraud if the intention to remain is present at entry, though at least with a B1/2 you have not signed away that right to judicial overview. With a J there's unlikely to be any question of fraudulent intent on entry, and you have the advantage of judicial overview should the proverbial hit the fan.

The green card she will be issued is conditional, not temporary. She must file to remove the conditions 21-24 months after receiving the card. But in all respects, she is a permenant resident, even with a conditional card.

You can do it all on your won with some study, or with a US immigration attorney. However, even with the attorney I'd suggest you study and know the process so you can gauge whether or not you are getting good advice. Personally, I'd only push someone to get a lawyer if s/he has skeletons in her closet:
* Have you ever been arrested for anything, anywhere?
* Do you suffer from a serious communicable disease?
* Do you suffer from a mental disorder?
* Have you ever broken the terms of any previous visit to the US?
* Do you any connections whatsoever with countries the US might consider as terrorist in nature? 

As for me, I've been contributing on boards like these for many years and am also an immigrant to the US, now a citizen. The moderator badge means you constantly get to delete offers of iffy Versace handbags and occasionally restrain valued members who've broken the cardinal rule of drinking too much before posting.


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## mmhullster (Apr 14, 2011)

Fatbrit said:


> The biggest problem with AOS for marriage is when you do it on a VWP entry because you've signed away any right to judicial overview of the process. With both a VWP entry and a B1/2 entry, you're also looking at allegations of fraud if the intention to remain is present at entry, though at least with a B1/2 you have not signed away that right to judicial overview. With a J there's unlikely to be any question of fraudulent intent on entry, and you have the advantage of judicial overview should the proverbial hit the fan.
> 
> The green card she will be issued is conditional, not temporary. She must file to remove the conditions 21-24 months after receiving the card. But in all respects, she is a permenant resident, even with a conditional card.
> 
> ...



Fatbrit and Newyorkaise, this is sounding REALLY encouraging! Thanks so much for your help! OK, so just to make sure I've got this correct:
We get married in October and then begin applying for AOS. We also apply for advance parole, and so she can start working at another job (grocery store or whatever) in December. Altogether it will be a two-year process before she gets her green card, but she will be able to work during that time at whatever job she wants, enroll as a student to get a different degree, leave the country, etc. Is that right?
The one other thing I heard is that to get a green card through marriage, it's necessary to be married for two years FIRST before applying. Is that a separate approach? That is, since she's already there on a J1, she can begin the process of going after the green card immediately after marriage?

So it seems that AOS really is the way to go, and not CR1 or K1 ! This is so useful! Thank you again!


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## Fatbrit (May 8, 2008)

mmhullster said:


> Fatbrit and Newyorkaise, this is sounding REALLY encouraging! Thanks so much for your help! OK, so just to make sure I've got this correct:
> We get married in October and then begin applying for AOS. We also apply for advance parole, and so she can start working at another job (grocery store or whatever) in December. Altogether it will be a two-year process before she gets her green card, but she will be able to work during that time at whatever job she wants, enroll as a student to get a different degree, leave the country, etc. Is that right?
> The one other thing I heard is that to get a green card through marriage, it's necessary to be married for two years FIRST before applying. Is that a separate approach? That is, since she's already there on a J1, she can begin the process of going after the green card immediately after marriage?
> 
> So it seems that AOS really is the way to go, and not CR1 or K1 ! This is so useful! Thank you again!


Not quite correct -- you still have a lot of research and learning to do. 

Your fiancee is living and working in the US under J status. As soon as you get married, you can file for AOS together with applications for EAD and advance parole. She will be summoned for biometrics -- fingerprinting and photo. The EAD will allow her to work for anyone (or herself) and the advance parole may allow her to leave the US without killing the application -- AP is tricky if her I-94 has expired. These two documents usually arrive within 90 days of filing, often even quicker.

Meanwhile the AOS for permenant residency proceeds, and there will be an interview and a medical. But the time from application to issue of the green card is often only 6 months or so. As soon as she has the green card in her hand, she is a permenant resident, albeit a conditional one.


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