J-1 Vias Marriage rules

[Baile 0]

My Girlfriend is from Russia, we met over the summer while she was on a j-1 visa. She went back to Russia, however she is going to try and come back via the same program next summer. Someone informed me that if you come to the U.S on a tourist visa with the intent to marry its considered fraud, but were not sure about the j-1 Visa. Is it the same?

I am new to the whole process and Dont know which avenue I should take. We want to get married, but if its 'illegal' if she is on a j-1 then we cant and I need to know what we can do.

thanks!

[Oksana & Max 94]

My Girlfriend is from Russia, we met over the summer while she was on a j-1 visa. She went back to Russia, however she is going to try and come back via the same program next summer. Someone informed me that if you come to the U.S on a tourist visa with the intent to marry its considered fraud, but were not sure about the j-1 Visa. Is it the same?

I am new to the whole process and Dont know which avenue I should take. We want to get married, but if its 'illegal' if she is on a j-1 then we cant and I need to know what we can do.

thanks!

Any type of Visa other then K-1 would be considered a fraud. You said that she is planning to come next summer. Why don't you go with K-1 process as you might get it before the next summer. Also there is never a guarantee she will be able to get that visa.

[Baile 0]

sorry for double posting, wouldnt let me edit . She is in university in Russia, and if we were to get married (assuming its allowed with the j-1) she would return to russia after her j-1 expires to finish her studies.

[san diego 407]

In this case you can do it. If she comes here, gets married, goes back and you file for CR1 you should be OK. I think...

[Baile 0]

In this case you can do it. If she comes here, gets married, goes back and you file for CR1 you should be OK. I think...

really? I hope thats the case then. She has 2 more years of university left, and she gets it for free in Russia so there wouldnt be any point bringing her here before then, because we would also have to pay for her school ontop of all the visa fees, and the expense of living together

I am also planning on Joining the The Air National Guard. I am also enrolled in ROTC at my university

[TeapotGirl 66]

How many times what she has been in the US? If you get married right after her entry in the US, then that's questionable but if she's been there several times, won't overstay and adjust her status right away if it's needed, then it's not a problem. She must also check her visa conditions if she can marry you.

[Oksana & Max 94]

sorry for double posting, wouldnt let me edit . She is in university in Russia, and if we were to get married (assuming its allowed with the j-1) she would return to russia after her j-1 expires to finish her studies.

Yes you can do that. As long as you don't try to do AOS within the states. You can get married and apply for CR-1.

[Little_My 464]

Before planning her next trip to the US on a new J1 visa, or planning your next steps with visas like CR-1, make sure she is not subject to the 2 year home residency requirement that is often attached to the J1. If she is, she has to reside in her home country for 2 years before she can apply for an immigrant visa to the US, or she has to get the HRR waived.

And yes, it is perfectly fine for her to come to the US to get married to you. She can do what with any kind of a visa. What she cannot do is plan to come here on a non-immigrant visa, marry you, and then stay and immigrate. As long as she plans to go back home after the marriage, and then eventualyl apply for an immigrant visa abroad, it's all according to the rules.

[Baile 0]

no is She really good about that. She left 5 days before her visa expired this time. she got the VISA through her university, and she informed them that she wants to go through it again as soon as the program is available again for next summer and they were excited for her to do it and didnt say there would be an issue. She doesnt plan to immigrate her until she finishes her university. what is the CR-1? and HRR?

thanks for the info

[Little_My 464]

CR-1 is a spousal visa for foreign spouses of US citizens. 2 year HRR is the 2 year Home Country Residency Requirement which I brought up in my post - it is a requirement often attached to a J1 visa, which basically means the J1 visa holder must reside in their home country for 2 years after their exchange in the US ends. If the exchange program is partly or fully funded by the US government or the visa-holder's home government, the visa holder will be subject to the HRR.

If she is subject to the HRR, she is still eligible to come back on a new J1 or F1 student/exchange visa, but the 2 year home residency requirement still stands and she will have to either fulfil it or get it waived before she is eligible for an immigrant visa - such as the CR-1.

[Baile 0]

CR-1 is a spousal visa for foreign spouses of US citizens. 2 year HRR is the 2 year Home Country Residency Requirement which I brought up in my post - it is a requirement often attached to a J1 visa, which basically means the J1 visa holder must reside in their home country for 2 years after their exchange in the US ends. If the exchange program is partly or fully funded by the US government or the visa-holder's home government, the visa holder will be subject to the HRR.

If she is subject to the HRR, she is still eligible to come back on a new J1 or F1 student/exchange visa, but the 2 year home residency requirement still stands and she will have to either fulfil it or get it waived before she is eligible for an immigrant visa - such as the CR-1.

ok so let me see if i understand you properly She can still come back over on a j-1 next summer (summer 2012) if she gets approved. She just cant Immigrate to America for 2 years from the point her J-1 visa that just expired, expired... correct?

[Little_My 464]

If she has the home residency requirement attached to her J1, not only can she not immigrate to America for 2 years, she has to accumulate 2 years of residency in her home country before she is eligible to apply for an immigrant visa - or she will have to get the HRR waived.

If she applies for a new J1 visa, gets approved, comes here, and this new J1 also has a HRR, then I'd assume she would have to live in Russia for two years from the expiration of her latest J1, not the first one.

Check the visa she had. If she is subject to the 2 year home country residency requirement, it will say so on the visa.

[Baile 0]

If she has the home residency requirement attached to her J1, not only can she not immigrate to America for 2 years, she has to accumulate 2 years of residency in her home country before she is eligible to apply for an immigrant visa - or she will have to get the HRR waived.

If she applies for a new J1 visa, gets approved, comes here, and this new J1 also has a HRR, then I'd assume she would have to live in Russia for two years from the expiration of her latest J1, not the first one.

Check the visa she had. If she is subject to the 2 year home country residency requirement, it will say so on the visa.

she said its a R J-1 and her visa says the 2 year rule does not apply

[Little_My 464]

It's a J1 visa. Based on a quick google search the letter "R" in front of the J1 just means "regular", as in "regular passport". R-visa is another visa type for religious workers.

If the HRR does not apply, then you won't have to worry about that, as long as it also won't apply to the next J1 she is applying for.

Keep in mind that it is not illegal or visa fraud for her to apply for a non-immigrant visa and use that to come to the US and then marry you - but it is visa fraud if she plans to follow the marriage with attempting to adjust her status to permanent resident in the US. As long as your plan is for her to return to Russia after the marriage, and then file for a spousal visa, you're fine.

[Baile 0]

thank you! i appreciate the input. Hopefully her next J-1 is the same. I imagine it would be because its the same process she went through last time. But who knows everything changes right? this has been very helpful already.

Do you know what kind of benefits come from being in the military on this process?