J1 VISA TO SPOUSAL VISA

[41179234 0]

Hey there,

I am new to this and would really love some help with other peoples experience in this area. I am currently planning to travel to the united states on a J1 winter work experience visa this november. This particular visa allows me to work during my university holidays from dec-feb before returning to my home country to continue my studies.

The problem is this, my boyfriend is American and has been living with me in my home country for the past year. Prior to that I lived with him in the states for a year on my first J1 work and travel cultural diversity visa. We are planning to get married and would like to spend as little money/time apart as possible.

I was told from a lawyer that I should stick to the J1 visa I have as it is cheaper and quicker to acquire than the fiancee visa and we want to move back to the states in November. Once there she suggested we wait at least 60 days to get married (due to the intention to marry rule). After 60 days we would get married and then apply for a change of status straight away. The idea is to make sure that the authorities know I entered the country with intent for cultural experiences but was married out of good will after 60 days is what I was told to do.

I have a few questions about this

If I arrive in november, get married in january and apply for change of status, but have work rights on my J1 visa until Feb, does this mean I am still allowed to work until my j1 status is expired?

Am I able to leave the country before my j1 status is expired and return?

Also how private are these forums? They can't be used against me in the court can they?

This process seems very daunting and I do not want to get in trouble. Any advice anyone could give me would be amazing.

Thank you!

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status can be considered visa fraud. Intent alone cannot be used to deny such an adjustment application, but you are in a distinctly grey area since you're gathering information about it before you have entered the country.

There is also no such thing as the "intention to marry rule"; that's a common misconception, even (sadly) from many attorneys.

Edited August 15, 2014 by Hypnos

[41179234 0]

Ok that is good to know. So you suggest I steer clear of forums etc. up until the process is underway?

I have no real intentions set in stone but wanted to research my options first.

If this would somehow put me in a a grey area I want to avoid this.

[Boiler 45,557]

When you enter usually the POE Officer will ask you what the purpose of your visit, if you say I am going to marry, stay and adjust as you have stated here you will be on the next plane home.

[portlandref09 0]

From what it appears you need to make a decision. Keep in mind upon every entry into the United States you are considered an Immigrant until you prove to the satisfaction of the Officer that you qualify as a non-immigrant. The intention on marrying and remaining in the United States is classified as an Immigrant. You need to decide on one or two things:

- You are going to resume your J1 Status; or

- You are indeed going to get married.

Based off of these two things you need to seek the appropriate status. However, if life does take a turn and you end up getting married in the United States and can prove it was not by fraud, while in the U.S. file your I-485 Adjustment of Status to a CR-1/6.

[Yangwha Global 0]

yes, i suggest to ask another lawyer and expert about your issue. We have client that have same issue with you and it goes well