J1 Visa holder is getting married to US citizen

[Tina1612 0]

Hi all,

My boyfriend is here on a J1 Visa with no 2 year residence requirement. We are getting married next week. Our only issue is that when he first arrived here in August 2012 we did not intend to get married. Several weeks ago we went on vacation to Mexico where he proposed. After our vacation in Mexico, we returned to the US. He entered the US again on his J1 Visa. Is it a problem that he already knew that at his last arrival to the US that he is planning on getting married?

[Harpa Timsah 13,258]

No, it's not a problem.

[Tina1612 0]

Ok, was just not sure because of the following:

"If you enter the United States intending to get married and apply for an immigrant visa, you are making a misrepresentation to immigration authorities."

Does this only apply for his first entry to the US back in August last year?

Thanks for your help

[Harpa Timsah 13,258]

You said he planned to get married, not that he planned to get married and also apply for AOS.

[Tina1612 0]

Oh sorry.

Yes we want to get married next week and then immediatley apply for the AOS. We are just not sure, because it was only a 4 day vacation.

[newacct 688]

If when he last entered the U.S., he had plans to file for AOS here during this visit, then yes, that is visa fraud. The marriage is irrelevant.

[Tina1612 0]

He entered the US in August 2012 and started his internship. His work contract as well as his VISA is valid until August 2013. We are a couple for 3 years now and we also live together here in the US since August 2012. We went to Mexico together in April this year for a 4 day vacation. He proposed to me. We flew back and the officer at the airport told him that he would not need a new I94 and he gave him only a stamp in his passport. After a few weeks back in the US we started talking about the wedding and researched a lot. We both didnt know about any processes or Forms back then. Beginning of the week we decided that we want to get married soon and also apply for the AOS, since we dont want to live apart again. So since he proposed to me and I said yes, we knew that we are going to get married sometime in the future. But he had no plans to apply for an AOS.

[Snag 57]

If he reentered with the intent to marry you whilst he was in the US, and not return back to his home country (in other words, migrate), yes, that's fraud.

If he reentered with no intent of marrying you whilst in the US, to go back to his home country, and start unfolding the K1 visa, but it just so happens that the wedding's date got bumped up (for whatever reason), no, that's not fraud.

I entered the US engaged to my fiance. Had I the intent to marry him? Of course - he wouldn't have been my fiance, if otherwise. But I hadn't the intent to marry him on my trip. We were going to go the K1 visa route, I was set to return to Australia on the 16th of May, and do the waiting game. We had hoped for an August wedding.

[Tina1612 0]

Thank you for your help. I think the second scenario describes it pretty good. Don't know exactly what would be considered a viable reason though. Im so excited to finally be able to stay together.