Help! US citizen marrying an Irish citizen, what do we do?

[Brother Hesekiel 2,236]

Bob- I would agree with you if they met while he was on a J1, or even if they "spontaneously decided to get married" a few months after he arrived, but getting married a month after arriving on the J1 WILL look suspicious. Doesn't mean that AOS will be denied, but it might, and then there is the potential of a ban.

You know very well that INTENT (to adjust status) alone may NOT be used to deny an AOS petition, simply because the Field Adjudicator's Manual explicitly says so.

I have no dog in this hunt, but I fail to see the merits of scaring the O.P. for no reason.

Nikki, call 3 different immigration attorneys and ask them, all 3 will confirm that doing AOS in your position is a no-brainer.

[Myopia 93]

You know very well that INTENT (to adjust status) alone may NOT be used to deny an AOS petition, simply because the Field Adjudicator's Manual explicitly says so.

I have no dog in this hunt, but I fail to see the merits of scaring the O.P. for no reason.

Nikki, call 3 different immigration attorneys and ask them, all 3 will confirm that doing AOS in your position is a no-brainer.

I agree with Bob. Why does it feel that CR1 has been decided for her. Give her the advise she asked for without the scary scenarios.

OP. People do get denied who apply for the K1 and CR1 route. Do not assume that it is a fail safe. Nothing in this process is.

Best of everything with your decision.

[nikkioooo 0]

You know very well that INTENT (to adjust status) alone may NOT be used to deny an AOS petition, simply because the Field Adjudicator's Manual explicitly says so.

I have no dog in this hunt, but I fail to see the merits of scaring the O.P. for no reason.

Nikki, call 3 different immigration attorneys and ask them, all 3 will confirm that doing AOS in your position is a no-brainer.

All this information being thrown around from different people is so confusing! so we will be able to get a AOS and then we can get married so on and so forth?

[Penguin_ie 5,997]

As I mentioned in my first post, there is a chance that your then-husband's AOS will be approved, but it will look fishy to get married so quickly, and getting denied could lead to a ban. As per the official VJ Guide: http://www.visajourney.com/content/otheraos

I would not risk it, but it's your choice.

Edited April 7, 2011 by Penguin_ie

[Myopia 93]

All this information being thrown around from different people is so confusing! so we will be able to get a AOS and then we can get married so on and so forth?

Do not be confused.

You can do the AOS route but because it seems as if you are planning on using the J1 visa as a springboard to AOS, some feel that this will be a negative factor on your AOS journey,

Others have pointed out that your INTENT alone will not be a factor in denying your AOS.

Many have adjusted their status in the way that you are asking about and it is done. The problem is in your planning it.

I wouldnt advise you to get married straight off the ship when your boyfriend comes to the USA regardless. That marrying so fast is a clear flag to USCIS that your fiancé planned to come here just to get married, which he can not do.

You can get banned for a variety of reasons. JUst do not lie. When your finacee comes to the US and is asked for the purpose of his trip, he should be honest.

[slangofoil 50]

I swear I must be missing something in this thread. Yes, we all know intent is not a sufficient reason to deny AOS. But they're facing misrepresentation here too. He appears to have gotten the J-1 with full intentions of coming to get married and stay permanently. I'm betting he didn't disclose that at the visa interview.

[Myopia 93]

I swear I must be missing something in this thread. Yes, we all know intent is not a sufficient reason to deny AOS. But they're facing misrepresentation here too. He appears to have gotten the J-1 with full intentions of coming to get married and stay permanently. I'm betting he didn't disclose that at the visa interview.

How do you deduce that?

Seems it would have been easier for him to have come on the Visa waiver program without paying anything or going through an interview if his reason for being in the US is to get married and stay permanently. I mean if you are inferring that he only got the J1 in order to emigrate.

Don't be so quick to judge.

Edited April 7, 2011 by Myopia

[slangofoil 50]

Hey everyone!

I am a US citizen and my boyfriend who's Irish is moving here in June on a J1 visa. We are planning on getting married in July...and we're thinking of going to Vegas to do it, but I heard that was a bad idea? I need to know if we need to hire an attorney, if not what paperwork do I need? Also, can he live here while everything is being processed? If anyone has any suggestions or knows what to do, help would definitely be appreciated

Penguin, the J1 is for four months...once we get married and apply for the CR-1...can he stay here while its processing? This is the issue were having...he's planning on moving here not just staying for the four months, so when that J1 comes to an end, were trying to figure out a way that he doesnt have to go home and wait for two years or whatever to apply for a new visa!

How do you deduce that?

Seems it would have been easier for him to have come on the Visa waiver program without paying anything or going through an interview if his reason for being in the US is to get married and stay permanently. I mean if you are inferring that he only got the J1 in order to emigrate.

Don't be so quick to judge.

I'm not being "quick to judge." I'm just going off what the OP said. All signs point to the initial plan being to use the J-1 to enter and then stay permanently (i.e. "move here"). The reasons for getting a J1 as opposed to using the VWP would be that it gives a longer stay AND work authorization for the term of stay.

I can only go off the OPs words. Beside it's not about "judging", but making sure the OP (and any other readers who might be in the same situation) understand what they're doing.

[slangofoil 50]

So, it sounds like, once he gets that visa in the mail and he has no home requirement attached then there will be no problems? Also, if its sketchy that we get married a month into it, then we have no problems waiting...

should we cancel the J1 and get the K1 or will it not make a difference?

If we stick with the J1 and he IS subject to the home requirement would we for sure be able to change it??

What if we get married as soonas he arrives? We're going to be living together and getting a joint account etc. Would that not be enought grounds to have his J1 waiver status changed? What you guys opinion on the best way to get him here and not have him to leave legally? Cause he has flights booked for June

Also how much is the K1??

ok, so! change of plan for us then! thinking of just going for the K1! he has flights booked in June, you think there would be anyway that he could still come here legally by then? How long does the K1 take? how much would it cost and what would I have to do?

is the I-130 / CR visa a tough exspensive route? Because hes leaving a job to come in June...will be looking for a job here in June, then returning to Ireland without employment, so its just a different way to what we had planned and want know as much about it as possible so we dont mess it up! thanks btw

Couldn't edit my previous post...but more quotes to back up my interpretation. He hasn't even received the visa in the mail yet, so this doesn't seem like a plan that was hatched after applying. But sure, the OP can correct me if I'm wrong.

[nikkioooo 0]

Couldn't edit my previous post...but more quotes to back up my interpretation. He hasn't even received the visa in the mail yet, so this doesn't seem like a plan that was hatched after applying. But sure, the OP can correct me if I'm wrong.

My boyfriend applied for the J1 WITHOUT intention of us getting married....after we looked at every other route of him staying here afterwards we decided we want to get married (NOT just for green card reasons) I had no idea that it was visa fraud to get married while he was here on that, All i knew what that he was able to get a visa for the four months! and thats what brought me onto this site was to get more information, and when we found out that he pretty much got the wrong visa in the first place, im trying to see what we can do to change that so we dont get denied or in trouble! were not trying to work the system or get a green card marriage, were trying to do this RIGHT. Obviously, we were NOT planning on getting married when he got in because if we were don't you think we would have tried to make our lives easier and just apply for the right visa in the fist place?

[nikkioooo 0]

Do not be confused.

You can do the AOS route but because it seems as if you are planning on using the J1 visa as a springboard to AOS, some feel that this will be a negative factor on your AOS journey,

Others have pointed out that your INTENT alone will not be a factor in denying your AOS.

Many have adjusted their status in the way that you are asking about and it is done. The problem is in your planning it.

I wouldnt advise you to get married straight off the ship when your boyfriend comes to the USA regardless. That marrying so fast is a clear flag to USCIS that your fiancé planned to come here just to get married, which he can not do.

You can get banned for a variety of reasons. JUst do not lie. When your finacee comes to the US and is asked for the purpose of his trip, he should be honest.

Definitely, we were planning on that. We honestly just had NO clue that this visa was going to cause us so much trouble. But when he got it at the time, we weren't planning to get married, we were just stoked that he could get any visa at all! We came to this decision a couple months ago, So now I wouldn't know how to make it look like we weren't planning or what we should do...

My boyfriend applied for the J1 WITHOUT intention of us getting married....after we looked at every other route of him staying here afterwards we decided we want to get married (NOT just for green card reasons) I had no idea that it was visa fraud to get married while he was here on that, All i knew what that he was able to get a visa for the four months! and thats what brought me onto this site was to get more information, and when we found out that he pretty much got the wrong visa in the first place, im trying to see what we can do to change that so we dont get denied or in trouble! were not trying to work the system or get a green card marriage, were trying to do this RIGHT. Obviously, we were NOT planning on getting married when he got in because if we were don't you think we would have tried to make our lives easier and just apply for the right visa in the fist place?

Also, his visa is not here yet because he had passport issues, not because we just applied for it

Edited April 7, 2011 by nikkioooo

[Little_My 464]

Well. I can see how this is very confusing, since people have differing opinions about your situation and are thus giving different advice. I don't think anyone has given wrong advice really, it's just a matter of opinions on what is 1) the most honest 2) the most convenient 3) the least riskiest 4) the fastest and / or cheapest route to take - and these qualities unfortunately don't really coincide in one particular option.. I think you will just have to pick your battle.

In my opinion, what makes the J1 route a bit risky in your situation is that his J1 was issued for a fairly short time period. Had he been coming here on a J1 for, let's say, a two-year study program, and somewhere down the line, maybe a year from him entering, you two had decided to get married and then AOS. I doubt no one would have even mentioned his intentions when he originally entered on that J1. In your case, he has only been issued the J1 for 4 months. Coming here on a J1 when already in a relationship with a USC and then getting married and petitioning for AOS in that short time frame, in my opinion, has intent to immigrate written all over it. And, in all honesty, your intention has been, from the very beginning, for him to immigrate and stay here. You might not have known that planning to do that through a non-immigrant visa is actually a big NO-NO, but unfortunately the USCIS doesn't really care whether you knew or not. It is the intending immigrants responsibility to know the requirements and regulations attached to any particular visa, and the consequences fall on the immigrant.

Just Bob pointed out earlier that intent to immigrate alone is not grounds enough for denying AOS. So. Ultimately, it is your decision to choose the route you feel most comfortable taking. Entering under a J1 visa with a clear intention to 1) marry a USC and 2) Immigrate to the US IS a visa violation - whether or not that would come up, or become a problem for you, or lead into AOS denial, no one can say for sure.

The other routes at your disposal have been addressed here already - K1 fiance, or CR1 spousal. I would read all the guides here very carefully, read all the instructions on USCIS very carefully, read all the regulations about J1 carefully - and then just make a decision based on what feels right for you, once you feel you have all the necessary and revelant information. This process is all about reading, reading and reading some more - then asking a few questions - and then reading a bit more again. I tell you, I am writing my Master's Thesis at the moment, but I am 100% sure I've studied and researched more immigration law and AOS then my thesis topic.

There are risks and inconveniences attached to almost any immigrant visa route - whether its expenses, time frame, being apart, getting denied. You just need to decide what risks and inconveniences are worth the hassle for you two.

Edited April 7, 2011 by Mrs.Finland-USA

[nikkioooo 0]

So, when he comes on the J-1, i'm hearing we cannnot get married right away, and then I'm hearing that we should? If we get married ASAP would we start the 1-130 and then apply for the CR-1? (like you said slangofoil) and does this mean we get an AOS? this is what I'm terribly confused about. Do I need an AOS or not to be able to apply for the CR-1 after we are married? And I read in the guide that we should at least wait 60 days before getting married, I've no problems doing that, but we do need to get hitched within these 4 months, and if he has to leave afterwards while all that is being processed, so be it. Mrs. Finland what do you suggest that we do, I really dont want us to get in trouble about the J-1 so we are honestly willing to do anything at this point to avoid that!

[Little_My 464]

AOS means "Adjustment of Status", and what it means is literally that - adjusting the intending immigrants status from a non-immigrant visa (in your case, the J1) to an immigrant visa. If he came here on the J1 and you got married filed for AOS, the CR1 spousal visa would not come into play at all. You would file a petition to adjust his status from a J1-non immigrant visitor to a Legal Permanent Resident (LPR).

The CR1 is a Spousal Visa - so, to apply for a CR1, you have to be married. The difference here is that there is no AOS attached to the CR1, you would not be adjusting his status from any existing visa to get the CR1. You cannot adjust his status from J1 to CR1. And, with the CR1 process, my understanding is that the intending immigrant, i.e. your boyfriend, would have to be outside the US until he is issued the CR1. He could then enter as a LPR and be eligible to start working (or studying) immediately upon entry.

The reason me, and some others here, have been saying "dont get married right after he gets here" is the whole non-immigrant vs. immigrant intent debate here. It is at this point obvious to us here that your boyfriend has clear intent to immigrate, and has had that intent from when initially applied for his J1.. so, in my opinion, the violation happened already in the application phase. Whether or not he actually lied is another matter, but as i said before - it is the visitors / visa holder's responsibility to know the regulations and obligations attached to her/his visa - Before applying for that visa.

You CAN get married right away when he enters, there is nothing illegal about that. You also CAN file the AOS from his J1 to LPR right after you are married. It probably will be a red flag for USCIS, you might have to explain it in the interview and answer some questions - or maybe the officer interviewing you guys won't really care at all and won't pay any attention to it. Which is more likely? I would lean towards the first option.. but that's me. Maybe I worry too much. However, the other tricky thing is that to do J1 AOS you two will have to provide proof of bona fide marriage, i.e. co-mingling of finances, joint lease, joint insurance.. First of all, if you only have four months to get all this, it might be a bit hard to obtain enough proof. Second of all, if you DO get all that done - add him to your bank account, add him to your lease, add him to your insurance.. Well. If that does not scream intent to immigrate immediately upon arrival, I don't know what would..

I'm sorry. I know you would like someone to say "Just do xxx". And, actually, some already did. Just Bob, who according to my understanding is very experienced and knowledgeable in these issues, seems to think that him entering on a J1 and then petitioning for AOS is a no-brainer and you should just go with that plan. I'm not going to say he is wrong, and he probably isn't. But it is important that you two understand the risks associated with that route, or any other route for that matter. And as Myopia pointed out earlier, you can be denied just as well if you apply for a CR1, or went with the K1 visa route. There is no 100% guarantees with any of the options.

I don't really want to suggest anything. I think it has to be your choice. Your options are K1, CR1, or entering with the J1 and submitting AOS petition. Like I said before - Pick your battle, and then dive into it with all you got.

[nikkioooo 0]

Ok....

Here are the two options we're considering..

1. Get married on the J1. Consult 2 or 3 attorneys about the AOS on the J1 and see what the response is. Theres no harm in enquiring.

2.Get married onthe J1 and start the 1-130 process towards the CR1 immediatley and I guess continue that when he returns to Ireland and wait out the 8 months or so.

Which do yous consider the safer more sensible option?