American married to Finn

[rsull13 0]

Hello,

I'm new to this website and I'm looking for some help. I was born and raised in the US and currently live here. I am married to a Finnish citizen that I met in college here. We were married in Finland in August 2009 at the courthouse. We are planning on a traditional wedding here in the US in July 2010 with all of our friends and family in attendance. Right now we have been doing the back and forth long distance relationship and would like to be able to live here in the US where I have just started a new job.

My wife had a J-1 student visa when she was going to school here and from what I was told, she needs to be in her home country for a total of 2 years before she can get a visa here so she can live and work. I have no clue to what forms we need to fill out. I'm trying to get some help from an immigration lawyer, but she is giving us the run-a-round and now not answering out calls. I just want to make sure that we can go ahead with our wedding plans, since we have already made most of the arrangements and then figure out when we can finally live together.

Any help or advise would be greatly appreciated! Anyone with similar experiences?

Thanks!

[Anh map 2,098]

Has the two year period expired?

[Bobby+Umit 161]

Ayup - if the 2 year period is not over, you will have to get a waiver for that.

Here is a quick guide for the waiver.

Edited January 21, 2010 by Bobby+Umit

[VanessaTony 3,567]

From what I've read, a J1 visa has a proviso that the person who had the visa be in their country, using the knowledge they gained for 2 years after leaving the US (after her J1 ended).

You SHOULD be able to have your wedding plans if she is able to enter on the VWP, or a visitor visa, but she will not be able to remain in the US past her I-94 date. If she can supply strong ties to her home country then she should be able to enter.

As you are married you can apply for a CR-1 visa but I honestly don't know whether the J1 means you can't even APPLY until after the 2 years is up. I hope someone else can help you in that regard.

Good luck

[rsull13 0]

No the 2 year wait is not over yet since she has been coming over every now and then. I just want to make sure that she can be here for the wedding in July. Then I need to figure out what paperwork to file and maybe the waiver for the J-1.

Thanks for the help

keep it coming

[Anh map 2,098]

You are already married, so you are just planning a party as far as USCIS and CBP is concerned. She just needs to come in and leave on time.

Here's the application for waiver page on the USCIS website >>>> http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

[canadian_wife 1,828]

Do you plan on having your wife stay with you and live with you after the ceremony in July or are you just interested her coming for the celebration and then returning home?

[rsull13 0]

Well we would prefer it if she could stay here in the U.S. after the wedding. But her going back to Finland after the wedding wouldn't be the end of the world, since we have been doing that for 2 years now.

[canadian_wife 1,828]

You wife cannot marry you in the US and stay without the appropriate visa. I suggest you file the K-1 visa soon so she can move to the US with you and marry. Otherwise you can file the Cr-1 visa after you all are married and she returns to Finland.

Since the intention is already to marry and live in the US - these are your options.

Good luck