Help.. she's here on a visa can we Marry now and apply for green card?

[Minya's wife 24]

OK.. IT's a J1 STUDENT EXCHANGE VISA... crossing fingers.. praying praying.

J-1 visas sometimes have the 2 year HRR (home residency requirement) attached to them. You may want to check what is written on the visa, in her passport. Is there a notation there, something to the effect of "Bearer is subject to 212(e)..."?

The 2 year HRR is waiverable, for example, by the issuance of a statement of "No objection" from the home country. This process is usually initiated by the the visa holder through the home country's consulate, I believe.

You can find more info on J visa waivers at this link.

[sera77 35]

You mentioned in your original post that 'money is tight' and I wanted to forewarn you not to leap into this without taking into account the fees and application costs that you are subject to depending on which path you two decide to take.

K1 petition fee was 455.00 for us last year, and there were costs that my fiance paid on his side to cover the actual visa fee (once your petition is approved) and medical exam costs. Altogether roughly a thousand dollars total.

Then once he arrived and we married we had to apply for Adjustment of Status (AOS) and that cost another 1010.00 dollars.

Plan ahead, and if cost is a major factor in your decision make sure you check out the cost of the various immigration options you're considering.

Also in regards to money/cost/working, some paths allow you to work sooner than others. My fiance arrived in December, but did not receive his papers allowing him to work until early June.

Best of luck to you both,

S and K

[John & Flor 3]

The J1 may, or may not, have the 2-year resiedency requirement. It sounds like that is specific to each individual Visa. I did a google search and found that you can have the residency requirement waived, if you need too.

Give this site a look

http://www.greencardapply.com/j1.htm

[Gperry 0]

Wow.. you guys are awesome.!!! I'm having her look tonight.. if nothing else I will be with her tomorrow night to look at it myself.

The amazing thing is that the Consulate General for her country is located in my city.!!! I hope they can grant the waiver if we need it. My next waiver would be on hardship.. and the only thing I can think is that leaving my family isn't an option due to serious illness in the family.

Money is tight because I'm layed off... but, I'm sitting on about 20K worth of savings and have my family to co-sponsor. I also have a vintage motorcycle I don't ride anymore that selling will more than easily cover the costs. But, I might be able to claim the value higher in the need to show income.. hmmmm...

Ok.. will report back. I wish that those that have weighed in will check in on the thread. I'll be posting again in the next day or so once I can find out if she has a 2 year home residency on her visa.

THANKS!

Who here can change the title of this thread to include the J1 Visa, I just want someone else to be able to find this information if it might help them. I'll try to edit now.

Edited August 19, 2010 by jfglover

[Howlong? 0]

You have to get marriage before her visa get expire. Then you can make a status adjustment and you won't have nay problem.

[Prawninator 138]

If she does NOT have the HRR, I suggest you get (legally) married at a courthouse and apply for AOS/EAD/AP (is that valid on this type of visa?) before going any further, like travelling or the more elaborate wedding plans. I'm guessing that it's also slightly cheaper than to have to file for K visas, because it's one less form to file, know what I mean?

Good luck, and keep us updated!

[Winonan 3]

I suggest you get married (civil ceremony) asap and apply for AOS if there is no other restrictions. FYI this process is not going to be cheap. Filling all the form, doing the medical. It will come around $1600 or so if you are lucky with the medical part. But if you are sure about getting married then do it.

[inloveVEN 46]

Wow.. you guys are awesome.!!! I'm having her look tonight.. if nothing else I will be with her tomorrow night to look at it myself.

The amazing thing is that the Consulate General for her country is located in my city.!!! I hope they can grant the waiver if we need it. My next waiver would be on hardship.. and the only thing I can think is that leaving my family isn't an option due to serious illness in the family.

Hi

sorry, i lost you. What do you want to do at El Salvador Consulate?

Ask her, most probably She´d know if there are any restrictions with her visa, Commonly it happen when a foreign government give you any kind of tuition or grant to study abroad, with the explicit condition to return to pay back it with money or work ( based on her new knowledge). but those are things that are told to you before your journey.

But in any case if She is your Real One, oh boy, do married her immediately

Read this link, explain thinks regarding J visas. j visas

Edited August 19, 2010 by inloveVEN

[Betti 1]

Welcome to visajourney and congrats on having found each other :-)

Check her J-1 visa and also the DS-2019 to see if the 2-year-rule applies to her. If not, perfect! You can get married and apply for AOS. Please read the guides and also browse the forum for work, student and travel visa (http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/) to find as much information as possible.

Important to know is that it will take about 3 months to get the work permit as well as the travel permit (she won't be able to reenter the US after leaving during this period of time, unless she is granted an emergency AP), about 6 months to receive the conditional greencard and a lot of research, organizational skills and patience to go through this process. You can check out my timeline for more details.

I successfully adjusted my status from a J-1 visa. It was valid until 09/12/2009 and we got married on 08/08/2009, sent out the paperwork about 3 days later. It was never brought up at any stage that this looks "fishy". Just make sure she doesn't overstay her visa to avoid any possible problems in the process.

From application to conditional greencard we paid about $1500, this includes the medical. So start saving up now and start planning your wedding! :-)

Good luck!

[Rebecca Jo 1,962]

You can't always determine whether or not the 2-year home residency applies by looking at the visa in passport OR by looking at the DS-2019.

http://www.columbia.edu/cu/isso/visa/scholar/J_resreq.html

The Two-Year Home Country Residence Requirement

The J-1 Exchange Visitor program is administered by the United States Department of State. Exchange Visitors (including students and scholars) are, under certain circumstances, subject to the "two-year home country residence requirement" which obligates some J-1 visa holders to return to their country of nationality or permanent residence for an aggregate of at least two years upon completion of their program.

.

The two-year home country residence requirement prevents an Exchange Visitor who is subject to the requirement from changing visa status to H temporary worker or trainee, L intra-company transferee, or permanent resident of the U.S.. The individual would not be permitted to change these categories at a U.S. Consulate outside the US until the requirement was satisfied or waived. The requirement also prevents the Exchange Visitor from changing status within the U.S. to any other nonimmigrant category, although it is possible to leave the U.S. and re-enter in a visa category other than H, L or permanent resident without first satisfying the two year requirement. Once the requirement has been fulfilled (i.e. the individual has been physically present in his or her home country for an aggregate of two years after completing the Exchange Visitor program), the individual is free to re-enter the U.S. in any nonimmigrant visa category for which he or she is qualified.

This requirement is imposed upon the J-1 Exchange Visitor under one or more of the following circumstances:

* When the Exchange Visitor's program is financed by the U.S. government or by the home country government. This includes, but is not limited to, Exchange Visitors whose visas were sponsored by organizations such as Fulbright, the Exchange Visitor Program, Organization of American States, Amideast, etc. Note: Funding that is part of a Columbia professor's government grant and which is partially used as stipends or salaries for graduate students or research fellows is not considered government funding for this purpose.

* When the Exchange Visitor has acquired a skill which is in short supply in his or her own country, and that skill appears on the Exchange Visitor Skills List of the U.S. Department of State (published in the Federal Register, June 12, 1984, and subsequent updates). Refer to the Department of State Exchange Visitor Skills List web page for additional information.

* When the Exchange Visitor is a graduate of an international medical school participating in an internship, residency, or clinical training program in the U.S. sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).

The two-year home country residence requirement and other conditions of J-1 status are explained to the J-1 Exchange Visitor on page 2 of the form DS-2019. The J-1 Exchange Visitor is required to sign both of these pages to signify that he or she understands the conditions before applying for the J-1 visa.

The U.S. Consular officer and/or the DHS officer at the port of entry usually makes a preliminary determination as to whether the J-1 Exchange Visitor is or is not subject to this requirement. The determination is noted on the Exchange Visitor's DS-2019 and/or on the visa page of the individual's passport. It is important, however, to realize that these notations are sometimes incorrect and that a final determination is made by the Department of State (see "Advisory Opinions", below). If the Exchange Visitor is uncertain whether or not the requirement applies, an advisor in the ISSO should be consulted.

The following information also may be important for Exchange Visitors to understand:

* If a J-1 Exchange Visitor who is subject to the requirement marries a U.S. citizen or permanent resident, he or she is still subject to the requirement, unless a waiver is obtained or the requirement is fulfilled.

* If the J-1 Exchange Visitor is subject, any J-2 dependents are also subject. If the J-1 obtains a waiver, J-2 dependents are included in the waiver, unless they have held J-1 status and are subject in their own right.

* If the J-1 Exchange Visitor who is subject to the requirement goes abroad and reenters the U.S. in another visa status (e.g. F-1 Student), the individual is eligible to continue in that new status, but is still subject, unless a waiver is obtained or the requirement is fulfilled.

* If the J-1 Exchange Visitor is sponsored by the Fulbright commission or another governmental or international organization which causes the Exchange Visitor to be subject, the Exchange Visitor is still subject even if he or she subsequently transfers visa sponsorship to Columbia's Exchange Visitor Program.

[b]Advisory Opinions

In some cases it may be unclear if the two year home country residence requirement applies. An advisor in the ISSO may suggest that you request an "advisory opinion" by writing a letter to the Waiver Review Division of the U.S. Department of State. You should include legible copies of all the pink copies of your DS-2019 with this request. The Waiver Review Division will send you a letter which states whether you are or are not subject to the two year home country residence requirement. If it is determined that you are subject to the requirement, you may need to obtain a waiver (see below). Information on requesting an advisory opinion is on the Department of State Web site at http://travel.state.gov/visa/temp/info/info_1288.html.

Waivers[/b]

J-1 Exchange Visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement may, under certain circumstances, be able to obtain a waiver of the requirement by applying to the Waiver Review Division, using one of the four possible options described below. It is important to understand that the Waiver Review Division will make a recommendation to the Department of Homeland Security (DHS) either for or against a waiver. It is the DHS which makes the final decision, although in most cases it will accept the recommendation of the Waiver Review Division. Instructions for obtaining a waiver are on the Department of State Web site at http://travel.state.gov/visa/temp/info/info_1288.html.

Note: Once an Exchange Visitor has acquired a waiver he or she may no longer be eligible for J-1 visa extensions. Please discuss your future plans with an advisor in the ISSO before beginning the process of applying for a waiver. A waiver alone does not extend your stay in the U.S.

[b]All waiver application procedures are time-consuming. The Exchange Visitor should be aware that it may take up to a year or longer to obtain a waiver. The Exchange Visitor who wishes to obtain a waiver should always consult with an advisor in the International Students and Scholars Office before taking any steps independently. However, the ISSO cannot aid in the completion of the waiver.[/b]

[Rebecca Jo 1,962]

The State Department link in my link above has been changed. Here are better links for DOS info.

http://travel.state.gov/visa/temp/types/types_1267.html

http://travel.state.gov/visa/temp/info/info_1296.html

[Gperry 0]

Ok.... It looks like she has the 2 year home residency requirement. It doesn't make sense since she paid money out of her own pocket and it is for a Nanny/Au Pair. There's no way that is on the El Salvador skills list..

#######!!! Ok... what now?

[Gperry 0]

I guess it's a waiver or I leave the US...

[Prawninator 138]

I guess it's a waiver or I leave the US...

Awww, chin up buddy! If she's the one, what's a couple of years compared to the rest of your life, right?

[JimVaPhuong 4,863]

Ok.... It looks like she has the 2 year home residency requirement. It doesn't make sense since she paid money out of her own pocket and it is for a Nanny/Au Pair. There's no way that is on the El Salvador skills list..

#######!!! Ok... what now?

Au Pairs must be SPONSORED by one of a limited number of agencies that provide child training before placing them with a family. The families they are placed with share the cost of their training. The sponsorship imposes the home residency requirement.

Your best bet is to try to get a "no objection" letter from the government of El Salvador. The instructions on this attorney's site sum up the process pretty well:

http://www.hooyou.com/j-1/j1_noobjection.html