J-1 Marrying US Citizen

[coolrunnings888 0]

Hi All,

I'm in the US on a J-1 Visa (No HRR) and fully intend on moving back to my home country upon expiration of my current J-1.

As the topic name suggests, I do intend to marry a US citizen in Nov-14.

I had planned to travel outside the US in the coming months (Vacation & networking) however, I wanted to check that returning to the US with the intent to marry did not break any bright line rules?

Any pointers or advice would be extremely welcome!

[Hypnos 6,576]

Provided it's not your intention to immigrate using a nonimmigrant visa (which would be illegal) then you can marry whomever you wish.

[coolrunnings888 0]

Thanks for the note - but I am fearful that I may be challenged unduly at the port of re-entry ?

[Hypnos 6,576]

Why? The only way I can see it coming up is if you went through PoE wearing a wedding dress, and even then, tourists get married in the US all the time.

[aaron2020 11,651]

Hi,

Returning to the US to marry is fine.

It is immigration fraud for you to enter on the J-1 with the intent to immigrate by adjusting status after the wedding.

However, the preconceived intent to immigrate alone is not a valid reason to deny the AOS of an Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

So, as long as you don't lie at the POE, USCIS can not deny the AOS for p4conceived intent to immigrate.

[Bobby1989 0]

Hey! I have a challenge I ain't clear about last year I came to the USA on a j1 visa having the two year rule applying and then after the program I left the USA but then this year am back but on my visa the two year does not apply and I intend getting married to my USA wife that I met last year! Pls I need an advice on what way to go cos we intend getting married after the completion of my j1 program

[Hypnos 6,576]

Did you serve the two years you were required to serve from the first J-1?

[Bobby1989 0]

I was only in Nigeria for about 9months and now am back to the USA, but I still plan getting married to my fiancé pls what's the best step to take

[Hypnos 6,576]

You are ineligible to receive an immigrant visa or several types of nonimmigrant visas, or LPR status, until you have completed the two year HRR or successfully obtained a waiver of that requirement.

[Bobby1989 0]

Pls how can I get the waiver off as I wasn't sponsored by the government in any way and I paid for the program myself and what are my chances of getting the waiver off so that I can get married to my fiance

[Hypnos 6,576]

First, you can contact your government and see if they will issue you a no objection statement in order to pursue a waiver. That would probably be the easiest route, but not all governments will do it.

[Bobby1989 0]

I think my government in Nigeria does grant the waiver so what are my chances and pls do I need a lawyer to do this

[Bobby1989 0]

After getting the no objection statement from my government can I then proceed in getting married

[Merrytooth 5,748]

After getting the no objection statement from my government can I then proceed in getting married

You can only file the AOS paperwork once you receive the no objection waiver approval.

In the meanwhile, you can get married.

[Harpa Timsah 13,258]

You can get married when you want, the question is that you are not able to get LPR status. You can get married and live apart from your wife, no law preventing that. Or your wife can move to Nigeria.

Edited August 16, 2014 by Harpa Timsah