J1 Work & Travel Student / Marriage / Pre-Existing Relationship

[c0mputer 0]

I started a relationship last summer with a girl I met here in the United States. She was in the US on the Work & Travel program. When her program date ended, she went back to her country and we maintained a long distance relationship for a year. I visited her country twice in this time and met all of her family and generally had a blast. We decided we want to get married in March and we were presented with two options:

1) File for K1 in March and not see each other until November (the form would have to process and I was out of vacation days)

2) Her come on the Work & Travel program again so we can see each other every weekend

We opted for #2 and our summer is already off to a wonderful start.

But now we're concerned about when she will have to leave again in September. Neither of us want to have a long distance relationship again while we wait for a K1 to process. We'd like to just get married now and file whatever papers we need to so we can start spending our life together.

I know that if we had just met THIS summer, waited 2 months, and got married it would be possible. But we have a pre-existing relationship.

Please advise if able, thanks so much.

[c0mputer 0]

A small correction to the above post: We got engaged in March and decided at that time we would marry in Summer 2014.

Edited June 10, 2013 by c0mputer

[nate21224 0]

The first and most important thing you need to do is find out if her J-1 Visa status is subject to a Two Year Home residency requirement. Check her DS-2019 form aswell as her Visa that was issued to her. If she is subject you will need to file for a J-1 HRR waiver. I am in the process of doing this right now for my wife.

[nate21224 0]

IF she is not subject to a 2 year home residency requirement and you are a US citizen then, you could/should get legally married asap. You could then file for an adjustment of status to obtain her green card. I suggest using a lawyer to do this. The forms you will have to fill out have fees attached to them totaling just under $1,500. A typical lawyer fee would be around $1,500. Plan on a final cost being upwards of $4,000 because there are other things you will have to do along the way aswell like a medical form finished by a civil surgeon. Technically, if you are married and you are a US citizen AND she is not subject to a TYHRR then I was told she could stay here up to 20 years. However, she would not be able to legally work and would not be able to obtain a drivers license ect... there are also some penalties you may face if she overstays more than 6 months without adjusting her status after her current visa expires when she adventually would file for an adjustment of status.

[c0mputer 0]

She isn't subject to a two year home stay because it's the Work and Travel program (4 month summer visa, basically). I also dont think we should get married immediately because you're not supposed to take a work and travel visa with the intention to marry. Now at the time we did not intend to marry but after spending the summer together we are ready and want to do it. I'm told from the internet that this "change of mind" can cause some issues.

[nate21224 0]

I can't comment on that part however, my wife came here on a J-1 visa. We met and got married. We didn't know each other and she did not intend to marry when coming here. I know your situation may be different because of your existing relationship. You may want to talk to a lawyer about adjusting her status to a different type visa. Sorry I can't be of more help.

[nanana 74]

hi, could tell me how your case ended? I am in the similar situation, only I've left after getting married.