J-1 Visa holder marrying a US citizen

[Solevita 0]

Hello everybody. Here is my story and from the beginning I would like to thank every single one of you, who decide to answer/help me with this issue I have. So here is a brief story: I am a non-american citizen living in Europe. Last summer (2014) I took part in the WAT ( work and travel ) program for student exchange during the summer in the USA. Unknowingly I met the girl of my dreams and fell in love with her the first time I saw her. Luckily for me, she felt exactly the same and that's where everything started. Couple of months went by and it was time for the to go home. She felt really sad and so did I, so we decided that she would come and visit me in Europe( where i live) and stay with me for a month. I had the time of my life in that month, I think she did so too. I decided to propose to her on a romantic trip we took the last few days she was here. SHE SAID YES! That made me the happiest guy on Earth. We decided that this summer, when I come back to the USA ( I will participate in a WAT program again) we will get married and I will apply for a Visa/Green card/ residence. Here is my issue- I am not familiar with Visa laws in the USA neither is she. I will be legal in the USA for 4 months until my J-1 expires, so we will try to get married ASAP. If anyone has gone through that. or knows how it should be done correctly, please, do share, we will be most grateful!
P.S. the long term plan is me and her living in the USA.
Thank you everyone!

[Boiler 45,527]

J1 is a non immigrant visa.

[Darnell 8,478]

i suggest chasing a CR-1 visa, unless there is no restriction printed in the J-1 visa foil.

[vicks5721 18]

j1 visa is just for exchange to be a student or work looking after children for 1 or 2 years, I know for certain only K1 and CR1/K3 visas are the only ways Legally you can go to America to marry your fiancee and stay there.

By the way I have noticed so many people doing the wrong thing and making it difficult for themselves and that they can't go out of America to visit home as they get banned for 3 or 10 years. In the long run it is always better to do the right thing, maybe in your case you didn't know that you can't use J1. But anyway the best thing to do is apply for K1 visa and then just visit each other as often as you can while waiting for the visa. The positive things is that you will not have any future problems with immigration and you can get to know each other more and have loads of wonderful visits to each other!

Edited March 8, 2015 by vicks5721

[vicks5721 18]

Also if anyone says you can do it, it isn't true. Marriage based family visas is the only way legally, and US immigration do keep records of all your visas and movements in and out of America.

[NikLR 13,227]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

[Solevita 0]

Thank you for replying! I see that I didn't explain myself very good, which I'm sorry for. We want to get married while I'm in the USA (summer 2015) with a J-1 visa. I am just curious on what the process between getting legally married and getting a green card/ visa is. Are you saying that it will be illegal if I marry her while I have the J-1? I know some people have done that and have gotten their green cards.

[vicks5721 18]

Yes as you have the intention already to marry her asap when you arrive, so yes definitely it will be illegal. You need a K1 or CR1 visa sorry.

Yeah but what those people did was wrong and illegal.

[Boiler 45,527]

You can marry on any visa, or no visa.

Marriage is a state issue, immigration is federal.

[vicks5721 18]

there are people who do the right thing waiting to get a K1 fiance visa or CR1 spouse visa applying in their home country and they have POE and AOS adjustment of status go smooth for them. I am sure if your relationship is proven to the US embassy to be genuine and you have all the documents there is no reason to worry or think just use another visa. Immigration officers at POE are trained to spot things and they definitely would send you home, it is never worth risks when it comes to being with your partner forever. The waiting is all worth it to get the fiance visa, I waited 8 months but I know it has all been worth it, the interview at the US embassy was simple and they were kind and the time goes quick before you know it. I am leaving the UK on 24th March to be with my fiance and get married ! I know it is worth it to do the right thing as Immigration will notice and everything will run smoother for AOS green card process and later becoming a US citizen etc.

Edited March 9, 2015 by vicks5721

[vicks5721 18]

You can marry on any visa, or no visa.

Marriage is a state issue, immigration is federal.

Yeah but he intends to marry using a Student exchange visa (which is a Non-immigrate visa) to come to the USA, the POE officer will send him home to his home country and say he has to apply for a K1 or CR1 visa.

[Boiler 45,527]

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[NikLR 13,227]

People marry on tourist, work, student, etc visas all the time. There is nothing wrong with using a tourist visa to get married within the USA. If they're already in the USA, like plans do change, then they can adjust their status (some J1 visas have a requirement of absence however.) What he cannot do is intend to use a non-immigrant visa to come to the USA and stay.

[Agnik 2]

Hi, I was in the same situation as you are now and there is no other way for you to immigrate legally to US other than K1 or CR1 visa, because you already know you're gonna marry her, so staying in US on J1, getting married and adjust your status would be a fraud. Better not do that. You can end up with denial. What perfectly legal is getting married on J1 visa and later return to your home country and apply for CR1 visa. In my opinion it is better way than K1 route because you will be able to work right after you enter US (on K1 visa you will have to adjust your status after getting married which usually takes 3 months untill you get your work autorizathion). Personally, I got married on J1 visa and returned to my home country, now waiting for CR1 visa.

If you're coming to US as J1 holder only for summer there is usually no 2years rule, so no stress

[mbalih 35]

Hi, I was in the same situation as you are now and there is no other way for you to immigrate legally to US other than K1 or CR1 visa, because you already know you're gonna marry her, so staying in US on J1, getting married and adjust your status would be a fraud. Better not do that. You can end up with denial. What perfectly legal is getting married on J1 visa and later return to your home country and apply for CR1 visa. In my opinion it is better way than K1 route because you will be able to work right after you enter US (on K1 visa you will have to adjust your status after getting married which usually takes 3 months untill you get your work autorizathion). Personally, I got married on J1 visa and returned to my home country, now waiting for CR1 visa.

If you're coming to US as J1 holder only for summer there is usually no 2years rule, so no stress

I agree with you. That's exactly what I did as well. I am currently in my home country and waiting for the visa process. Its hard being apart from your loved one but atleast you know that you are not committing any fraud.

Good luck!!