J-1 visa holder marrying American girlfriend

[Vidmar 0]

I'm a Belgian guy who entered the US on a J-1 visa (for 18 months) on December 30th 2013 and have been here for exactly 4 months now. Couple of weeks ago I asked my American girlfriend (with who I'm already together for 20 months) to marry me, and she said yes! We'll have a big wedding in the summer of 2015, but want to get married in city hall rather sooner than later. No party, just getting married so we can start the AOS process.

Now my question: does it matter that I will return to Belgium for a weekend at end of May. Does this mean that I then should wait again a couple of months to avoid making my re-entry in the US look like J-1 visa fraud because I had the intention to marry? Because in that case we will rather get married in the next couple of weeks instead.

What would you advise us?

Thanks so much for your response!

[Boiler 46,181]

I would give it a month or so as J1 is not dual intent.

[Vidmar 0]

I would give it a month or so as J1 is not dual intent.

Only 1 month?

And what if we got married before my weekend to Belgium? Would that solve anything, or does that leave me with the same problem when re-entering?

[Boiler 46,181]

Many years ago they used to take exception but it has been a very long time since I have seen an issue.

You do not want to rub their noses in it which is why I said at least a month.

If you marry beforehand then nothing wrong with you entering on the J, chances are that they would not even know. You can then decide whether you want to file to adjust status.

[Harpa Timsah 13,258]

Are you subject to a 2-year Home Residency Requirement?

[Vidmar 0]

Are you subject to a 2-year Home Residency Requirement?

No, I'm not, fortunately.

[minh6969 1]

Assuming that you will do the AOS process sooner or later, so all the entries to US which you will make with your J-1 visa, have the intent to stay. That's against the J-1 visa.

My opinion, YES You should wait few months so the red-flags won't be raised.

[Vidmar 0]

Assuming that you will do the AOS process sooner or later, so all the entries to US which you will make with your J-1 visa, have the intent to stay. That's against the J-1 visa.

My opinion, YES You should wait few months so the red-flags won't be raised.

We will now probably marry in August of this year. I'm re-entering the US on my J-1 visa on June 1st. Will these +2 months in between be long enough to not raise any red-flags?