Question about marriage to J1 Visa Holder.

[mgould73 0]

Hi guys, new to the forum here but not new to the site. Ill try to explain my situation as quickly and easily as possible... I first want to start off saying that I have read the guide on J1 visas and marriage, but I still have a few questions in regards to my situation. I am hoping I can have some good feedback.

I am currently engaged to my fiance who is on a J1 Visa from thailand. She arrived in the USA via au pair in america program, I met her online in January of 2009, we started dating in March of 2009. I proposed to her on her birthday in November of 2009 and we are now engaged. She was trying to pursue her F1 visa, but is not going to have enough time to complete her last course in school. Her J1 was valid for one year, but she was able to extend her DS-2019 for another year in her aupair program. Her DS-2019 expires on July 25th 2010.

She is NOT subject to the 2 year rule on her visa or DS-2019 form.

So my basic question is, we want to get married but I have had a few different suggestions and I am really confused and not sure what the best way to do this.

#1. Someone told me to apply for a K1 fiance visa. ( I read about this, but it seems you cant change your status to K1 if you are already in the country). What is the point in filing for K1 fiance visa if she is already here legally in the USA.

#2. Her DS-2019 expires in July 25th 2010. I would like to know around a possible timeframe we can get married and then send in the forms, I130, I485 etc. This question is very important because I dont want to wait until the last minute to get married and then file the papers. Say we get married in June, and I submit the papers right away. WIll she go out of status if i hear nothing back from USCIS by july 25th? Or If they receive my I130, and form I485 will that allow her legal status in case July 25th comes around and the process isnt complete?

#3. Part of #2, I would like to have a somewhat traditional wedding here, which is why i dont want to rush and just get married at a courthouse.

Last but not least... Our relationship is real, we both love each other.. Been on florida vacation, family gatherings, have thousands of pictures etc. Also, she did not intend to come here and get married...

THis is all really stressful to me, so I hope some of you guys can really shed some light for me and point me in the right direction.

Thank you guys alot,

Mike G

Edited January 7, 2010 by mgould73

[Luckygoat 2]

Hi guys, new to the forum here but not new to the site. Ill try to explain my situation as quickly and easily as possible... I first want to start off saying that I have read the guide on J1 visas and marriage, but I still have a few questions in regards to my situation. I am hoping I can have some good feedback.

I am currently engaged to my fiance who is on a J1 Visa from thailand. She arrived in the USA via au pair in america program, I met her online in January of 2009, we started dating in March of 2009. I proposed to her on her birthday in November of 2009 and we are now engaged. She was trying to pursue her F1 visa, but is not going to have enough time to complete her last course in school. Her J1 was valid for one year, but she was able to extend her DS-2019 for another year in her aupair program. Her DS-2019 expires on July 25th 2010.

She is NOT subject to the 2 year rule on her visa or DS-2019 form.

So my basic question is, we want to get married but I have had a few different suggestions and I am really confused and not sure what the best way to do this.

#1. Someone told me to apply for a K1 fiance visa. ( I read about this, but it seems you cant change your status to K1 if you are already in the country). What is the point in filing for K1 fiance visa if she is already here legally in the USA.

#2. Her DS-2019 expires in July 25th 2010. I would like to know around a possible timeframe we can get married and then send in the forms, I130, I485 etc. This question is very important because I dont want to wait until the last minute to get married and then file the papers. Say we get married in June, and I submit the papers right away. WIll she go out of status if i hear nothing back from USCIS by july 25th? Or If they receive my I130, and form I485 will that allow her legal status in case July 25th comes around and the process isnt complete?

#3. Part of #2, I would like to have a somewhat traditional wedding here, which is why i dont want to rush and just get married at a courthouse.

Last but not least... Our relationship is real, we both love each other.. Been on florida vacation, family gatherings, have thousands of pictures etc. Also, she did not intend to come here and get married...

THis is all really stressful to me, so I hope some of you guys can really shed some light for me and point me in the right direction.

Thank you guys alot,

Mike G

I always LOL when people include "our marriage is real" in their post. It is not us you have to convince my friend.

But to answer your question, since your fiance is already here in the U.S, you don't have to apply for K visa etc. Just adjust status directly from her J visa to a permanent resident by filing i-485 along with i-130. Check the guides section that shows you exactly how to do that. And you don't have to worry about her visa expiring, once you have already submitted the applications. Hope that helps.

[mgould73 0]

I always LOL when people include "our marriage is real" in their post. It is not us you have to convince my friend.

But to answer your question, since your fiance is already here in the U.S, you don't have to apply for K visa etc. Just adjust status directly from her J visa to a permanent resident by filing i-485 along with i-130. Check the guides section that shows you exactly how to do that. And you don't have to worry about her visa expiring, once you have already submitted the applications. Hope that helps.

Thanks for the reply.. so do you think 2 months before her ds-2019 expires is safe to start filing the paperwork? I just don't want any problems if she somehow goes out of status..

Thanks

[Miranda&John 0]

Hi mgould73,

It is my understanding that as soon as the paperwork is filed with USCIS, she will be in protected status pending a decision on the Adjustment of Status application.

[RebeccaAndPhil 5]

Hi guys, new to the forum here but not new to the site. Ill try to explain my situation as quickly and easily as possible... I first want to start off saying that I have read the guide on J1 visas and marriage, but I still have a few questions in regards to my situation. I am hoping I can have some good feedback.

I am currently engaged to my fiance who is on a J1 Visa from thailand. She arrived in the USA via au pair in america program, I met her online in January of 2009, we started dating in March of 2009. I proposed to her on her birthday in November of 2009 and we are now engaged. She was trying to pursue her F1 visa, but is not going to have enough time to complete her last course in school. Her J1 was valid for one year, but she was able to extend her DS-2019 for another year in her aupair program. Her DS-2019 expires on July 25th 2010.

She is NOT subject to the 2 year rule on her visa or DS-2019 form.

So my basic question is, we want to get married but I have had a few different suggestions and I am really confused and not sure what the best way to do this.

#1. Someone told me to apply for a K1 fiance visa. ( I read about this, but it seems you cant change your status to K1 if you are already in the country). What is the point in filing for K1 fiance visa if she is already here legally in the USA.

No you will be filing for AOS since she's already in the US. See the guide here: http://www.visajourney.com/forums/index.ph...page=i130guide2

#2. Her DS-2019 expires in July 25th 2010. I would like to know around a possible timeframe we can get married and then send in the forms, I130, I485 etc. This question is very important because I dont want to wait until the last minute to get married and then file the papers. Say we get married in June, and I submit the papers right away. WIll she go out of status if i hear nothing back from USCIS by july 25th? Or If they receive my I130, and form I485 will that allow her legal status in case July 25th comes around and the process isnt complete?

You can get married whenever you want but I suggest, if you can, to get married before her status runs out (since you have time). Once you get married send the papers in as soon as they are ready. If she doesn't get her Green Card before her J1 expires she will not be forced to leave the US. Anyone pending an I-485 is allowed to remain in the US until a decision is made. If she wants to continue working though and you don't think she'll get the GC by the time her J1 expires, file form I-765 which will grant her the ability to continue working legally. (FYI: She can still work on her J1 even when you send in the AOS until her J1 expires. My husband is on a J1 and his expires March 2010. We filed in October 2009 and he's still working since his J1 is still valid.)

#3. Part of #2, I would like to have a somewhat traditional wedding here, which is why i dont want to rush and just get married at a courthouse.

Last but not least... Our relationship is real, we both love each other.. Been on florida vacation, family gatherings, have thousands of pictures etc. Also, she did not intend to come here and get married...

THis is all really stressful to me, so I hope some of you guys can really shed some light for me and point me in the right direction.

Thank you guys alot,

Mike G

Any other J1 related questions, feel free to ask or PM me. We've just gone through all this and I understand how complicated it can be!

[Luckygoat 2]

Thanks for the reply.. so do you think 2 months before her ds-2019 expires is safe to start filing the paperwork? I just don't want any problems if she somehow goes out of status..

Thanks

Yeah 2 months is enough time but you don't want it to appear as though your filing too near the time her visa is expiring...it will send a red flag. My advise is to apply as soon as possible. My visa doesnt expire until dec 2010 but im send my applications up next because of the same reason.

[hudons 0]

I was here on a J1 visa which expired in December. My husband and I got married in May of last year and didn't file until October because we wanted to be sure that we wanted to live in America, as opposed to the UK, before we spent a lot of money and went through a lot of stress. It is a big decision to leave your home country permanently and USCIS should understand that. I'm sure they do, they see it every day.

As long as you file before the J1 is up you should be okay. Remember that people come here on tourist visas for less than 3 months and file on the last day that their visa is valid, and they get approved.

As soon as USCIS accept your case - about 10 days or so - then your girlfriend has status. When you have an open case pending you are allowed to remain until they close it.

Edited January 8, 2010 by hudons

[Betti 1]

Congratulations on your engagement!

To answer your questions:

#1: The K-1 visa would be the wrong choice for you. Since your fiancee is on a J-1 visa in the US already and had no intent to get married and stay here at her last entry, you two can get married and file the AOS afterwards.

#2: You can get married any time that you like really. Even if her J-1 would expire and you would get married afterwards, this is usually not a problem since overstays are forgiven when married to a US citizen. But to be on the safe side, you should get married before the J-1 expires, I would do it no later than ~15 days before expiration. From the day that you receive the NOA (the letter that says that USCIS received your application), your fiancee will be in the US with a status of AOS pending and with that she is allowed to stay in the US until her case is decided. Now this is only stay, not work. For a work permit you have to file an extra form (that is included in the cost for AOS already) and it takes up to 90 days after filing.

So if you have a June wedding on mind, go right ahead!

#3: To USCIS it doesn't matter if you have a traditional or courthouse wedding. They only want to see your marriage certificate and proof of your bonafide relationship. So you can plan for your dream wedding!

Good proof would be for example a joint bank account, joint property (house, car), appartment lease in both your names, pictures of both of you and with family, logs of your phonecalls, e-mails and so on.

Good that your fiancee didn't have the 2-year rule on her visa, that makes things a lot easier!!!

It's also good that you inform yourself early on, you could for example start already to gather the needed documents, like your fiancee's birth certificate with translation.

Good luck and happy wedding planning!

[Betti 1]

Yeah 2 months is enough time but you don't want it to appear as though your filing too near the time her visa is expiring...it will send a red flag. My advise is to apply as soon as possible. My visa doesnt expire until dec 2010 but im send my applications up next because of the same reason.

My J-1 expired in September, we got married in August. It was never mentioned in the process and I had a fast and easy approval.

I don't think it's seen as a red flag to file close to J-1 expiration.

[mgould73 0]

My J-1 expired in September, we got married in August. It was never mentioned in the process and I had a fast and easy approval.

I don't think it's seen as a red flag to file close to J-1 expiration.

Thank you so much guys for your words of wisdom. I feel a little reassured now. I do have all the documents and instructions downloaded and ready to go. We are planning on getting married end of may begining of june. My only last question is.

When she came to the usa on her aupair J1 visa, it was valid for 1 year. Which expired in july of 2009. Before the 1 year J1 visa expired she extended her stay by getting an extension on her DS2019 form. I believe the embassy told her she didnt need to renew/extend the J1 visa itself and that an extension on her DS2019 until July 25th 2010 is all that was needed. I think this is what alot of aupais do based on what I read because the original visa is only for 1 year. So she is still here in legal status and working within the aupair program.

So I am guessing this really isnt an issue? I wouldnt think it would matter since she is still here legally. I just dont know what the difference is from the actual visa and the DS2019 being extended. Maybe the J1 would just allow her to travel is what im guessing.

Shine in if you know, and thanks for the great answers.

[marie09 5]

When she came to the usa on her aupair J1 visa, it was valid for 1 year. Which expired in july of 2009. Before the 1 year J1 visa expired she extended her stay by getting an extension on her DS2019 form. I believe the embassy told her she didnt need to renew/extend the J1 visa itself and that an extension on her DS2019 until July 25th 2010 is all that was needed. I think this is what alot of aupais do based on what I read because the original visa is only for 1 year. So she is still here in legal status and working within the aupair program.

So I am guessing this really isnt an issue? I wouldnt think it would matter since she is still here legally. I just dont know what the difference is from the actual visa and the DS2019 being extended. Maybe the J1 would just allow her to travel is what im guessing.

Shine in if you know, and thanks for the great answers.

I don't think that will be an issue as in country visa extensions don't result in a new visa. I had 5 extensions on my work visa and they issued me 5 new I-94's - no new visa. (There is no DS2019 for work visas... and unlike J1 I-94s that say duration of status - work visa ones have an expiration date) So long as you don't leave the country you don't need a new visa as the DS2019 in her case shows her legal status. Just make sure you include a copy of both her DS2019's when you file.

Good Luck