Marriage first while she is still here?

[bandanaman 0]

Hello everyone,

So glad I found this site! Here is our situation.

My girlfriend is from Spain, currently teaching here in the U.S. on an J1-B VISA, which has a term scheduled to end June of 2010. We are very much in love and planning on getting married. Knowing the timelines involved, we are already doing initial inquiries into process but I wanted to get some basic advice first. Consider that ideally we are trying to avoid her having to return to Spain for any length of time.

1. Is getting married the smartest first step?

2. If we get married, is doing it in the U.S. the smartest choice? Should we do it sooner rather than later?

3. Is there anything we can do regarding paperwork that we can begin BEFORE we get married?

4. Assuming we get married no later than the end of 2009, while we are applying for an AOS, will her travel be restricted to/from U.S. and Spain while this is in progress?

5. Ive read about the HRRs. Is a waiver of this required in ALL cases where the person requesting an AOS already has a J1B?

Thanks!

[bandanaman 0]

As a follow up...After reading the guide, it appears that since she currently resides here, we would need to determine whether she qualifies to file for the I-130? How do we find this out?

Thanks!

[payxibka 10,045]

As a follow up...After reading the guide, it appears that since she currently resides here, we would need to determine whether she qualifies to file for the I-130? How do we find this out?

Thanks!

A J-1 does NOT make someone a permanent resident (ie.. greencard holder).

In order to qualify to be petitioned for via an I-130, she needs first to be an immediate relative of a USC or with a narrower definition, an LPR (green card holder) .... which presently she is not it appears as it relates to you. As the non-resident alien, she does not file the I-130.

Edited January 19, 2009 by payxibka

[DI&JR 1]

I don't see any information about J-1b visas on either the State Department or USCIS page, seems odd.

Going by the J-1 visas I have seen, her visa will have printed on it whether she is subject to the two-year foreign residency requirement. You can try emailing the State Department: fmjvisas@state.gov, maybe they can answer.

[bandanaman 0]

As a follow up...After reading the guide, it appears that since she currently resides here, we would need to determine whether she qualifies to file for the I-130? How do we find this out?

Thanks!

A J-1 does NOT make someone a permanent resident (ie.. greencard holder).

In order to qualify to be petitioned for via an I-130, she needs first to be an immediate relative of a USC or with a narrower definition, an LPR (green card holder) .... which presently she is not it appears as it relates to you. As the non-resident alien, she does not file the I-130.

Understood. I think I misunderstood the term listed in the guide page that refers to "live/reside". I now understand that anyone with a J-1 visa is still a visitor.