Affidavit of evidence of a bona fide marriage? Please help

[Helpme123 9]

Hi there! I have been in the USA on my j-1 18 month trainee visa since Febuary 2012. I met my wife (we just got married 30 days ago) in August 2010. Obviously I came to the USA with her in September 2011, found a job, went home in December 2011 and applied for the j-1 trainee visa, and moved back to the USA in February 2012 and have been working since February 2012 and living with my spouse ever since in the USA. I went home to visit my family abroad in December 2012, and married my spouse a month later in January 2013. I am here in the USA legally. My spouse and I are unsure how to go about applying for adjustment of status (j-1 trainee visa to green card). We don't know if we should tell USCIS that we have been together for 2.5 years, when I have only been in the United States for about a year. We don't want the USCIS to think we are frauding the system because I originally came to the USA on a work visa for work experience in the USA but also do be with my spouse. I went home in December 2012 for 3 weeks, knowing I'd marry my spouse a month after I got back to the USA from my trip abroad visiting family. But I am in the USA legally until September 2013 on my j-1 trainee visa. Should we tell USCIS we planned on getting married after my 3 week trip home? My in-laws thought about writing affidavit's of a bonafide marriage, and they met me in 2010 as well, but we just aren't sure how the USCIS system works. Any advice greatly appreciated. Thanks!

Edited February 10, 2013 by Helpme123

[florida4life 29]

You can certainly get marry a J1 Visa and apply for a Green Card after their wedding. But the J1 visa holder can't get an immigrant visa or green card status in the US until the 2 year residency is completed.

What does being subject to this requirement mean?

You are required to fulfill this requirement by returning to your home country for a cumulative total period of at least two years. You are not prohibited from travelling to the U.S., but until you have fulfilled the two-year home-country physical presence requirement, you are not permitted to do any of the following:

•Change status while in the U.S. to the nonimmigrant categories of temporary worker (H) or intracompany transferee ;

•Adjust status while in the U.S. to immigrant visa/lawful permanent resident status (LPR);

•Receive an immigrant visa at a U.S. embassy or consulate; or

•Receive a temporary worker (H), intracompany transferee, or fiancé (K)visa.

There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), when applied for by the former exchange visitor and recommended by the Department of State, Waiver Review Division. Learn more about requesting a waiver.

Edited February 10, 2013 by florida4life

[Helpme123 9]

You can certainly get marry a J1 Visa and apply for a Green Card after their wedding. But the J1 visa holder can't get an immigrant visa or green card status in the US until the 2 year residency is completed.

What does being subject to this requirement mean?

You are required to fulfill this requirement by returning to your home country for a cumulative total period of at least two years. You are not prohibited from travelling to the U.S., but until you have fulfilled the two-year home-country physical presence requirement, you are not permitted to do any of the following:

•Change status while in the U.S. to the nonimmigrant categories of temporary worker (H) or intracompany transferee ;

•Adjust status while in the U.S. to immigrant visa/lawful permanent resident status (LPR);

•Receive an immigrant visa at a U.S. embassy or consulate; or

•Receive a temporary worker (H), intracompany transferee, or fiancé (K)visa.

There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), when applied for by the former exchange visitor and recommended by the Department of State, Waiver Review Division. Learn more about requesting a waiver.

I don't have the 2 year restriction.

Thanks for your response.

[Helpme123 9]

I don't have the 2 year restriction.

Thanks for your response.

My main concern is would this been seen as fraud being on a J1 visa re-entering the US after my 3 week home visit and getting married a month after I got back.

Edited February 10, 2013 by Helpme123

[KayDeeCee 4,896]

My main concern is would this been seen as fraud being on a J1 visa re-entering the US after my 3 week home visit and getting married a month after I got back.

Not sure why you think it would be seen as fraudulent. You did not do anything fraudulent. You met a USC and decided to get married. Got married and are filing the I-130/I-485 to adjust status within the US. If you provide the proof of a bona fide marriage as needed, then I do not see how fraud comes into play here. Maybe someone else would come along and correct me, but I can't see fraud in your case.