J-1 Visa holder marrying a US citizen

[vicks5721 18]

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!!

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 both.

[grad_student 11]

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

Wondering if you were subject to 2 year home residency requirement?

[vicks5721 18]

Wondering if you were subject to 2 year home residency requirement?

Yeah in general every J1 visa user is, even if you were in America a short time, I went to America on a J1 visa in 2011 and I am sure I had to wait two years until could come on another visa. But I not sure completely so I advise you to ask an immigration lawyer or agency, I recommend the visa agency www.rapidvisa.com

[Agnik 2]

Wondering if you were subject to 2 year home residency requirement?

No, I was not. It usually doesn't apply to people who participate in summer W&T (short term) because they wouldn't be able to go to US every summer like I did three summers in a row things are different with those who came to US on J1 visa but as interns or au pairs (long term).

If you don't know if you're subject to 2 years rule you check it on your visa. All of mine J1 visas say "Bearer is NOT subject to 212(e), two year rule does NOT apply"

[Boiler 45,527]

Most Is are not subject to HRR, usually a funding issue.

[L & B 12]

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

This is spot on...

I am a US citizen engaged to a current J-1 visa holder. We met before he entered the US to start his J-1 visa program, but have now decided to get married after being able to spend more time together. We are pursuing the K-1 visa route because we know this is the best legal route for us to be together. While we discussed getting married before he returns to Turkey in April, we ultimately decided the finance visa was the right choice for us. My fiancé did have a home residency requirement, but he applied and was granted a waiver for that condition to be removed.

[Boiler 45,527]

Marry and adjust is both legal and sooooo much easier.

[GabsUSA 19]

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.

You can get married in the United States legally under any visa, however, the only LEGAL way to apply for residency (Green Card) would be to go back home after you are married and apply for a IR1/CR1 Visa.

[Evenimente 10]

Come to the U.S. on J1 to work during the summer. You are allowed by law to have a girlfriend at any time and of any nationality, and if you decide to get married and apply for residency at some point, you have the right to apply.

Just make the summer job your purpose for coming to the US on J1, not being with your gf

[andrea_smb 5]

No all J1 visas have the 2 years regulation. I came to the state with a J1 visas 3 times in a row and I know people that have done the Work and travel program more than 3 times.

Anyways, I know people that have come with the J1 and tourist visa and got married without any problem. So yes, you can get married. Is it right? No, it is not!! Should you get married under a J1 visa? No you shouldn't. It is not fair for the people that do the process in the right way and in the long term if people keep doing that, it will be more regulations that can affect all kind of visas and it will be more difficult for others to get one.

I am saying that because I use to work with j1 students and helping them with the process and if one of them decides to stay it is bad for other students that want to apply for the program later. So, it might not affect you but it is gonna affect others. Same thing with tourist visas. It might not affect you, it might affect any of your relatives or it might not.

I don't think you are gonna get a full advise of how to do the process under a J1 visa on here because it is not the right to do it. The girls I know did it (1 under J1 and the other under B2 visa) but let me tell you that both had to hire a lawyer to help with the process because they lied at the POE saying they came for a reason according to their visas but they ended marrying. So you better start looking for a lawyer and saving money for paying one.

Once again, I disagree with people that say it is fine marrying with other visa than k1 because it is not. Unfortunately, you and many people are gonna keep doing it because is the faster ("smarter") way to do it and we can not stop you or stop them. I just hope the government change regulations about that sooner or later.

[Agnik 2]

No all J1 visas have the 2 years regulation. I came to the state with a J1 visas 3 times in a row and I know people that have done the Work and travel program more than 3 times.

Anyways, I know people that have come with the J1 and tourist visa and got married without any problem. So yes, you can get married. Is it right? No, it is not!! Should you get married under a J1 visa? No you shouldn't. It is not fair for the people that do the process in the right way and in the long term if people keep doing that, it will be more regulations that can affect all kind of visas and it will be more difficult for others to get one.

I am saying that because I use to work with j1 students and helping them with the process and if one of them decides to stay it is bad for other students that want to apply for the program later. So, it might not affect you but it is gonna affect others. Same thing with tourist visas. It might not affect you, it might affect any of your relatives or it might not.

I don't think you are gonna get a full advise of how to do the process under a J1 visa on here because it is not the right to do it. The girls I know did it (1 under J1 and the other under B2 visa) but let me tell you that both had to hire a lawyer to help with the process because they lied at the POE saying they came for a reason according to their visas but they ended marrying. So you better start looking for a lawyer and saving money for paying one.

Once again, I disagree with people that say it is fine marrying with other visa than k1 because it is not. Unfortunately, you and many people are gonna keep doing it because is the faster ("smarter") way to do it and we can not stop you or stop them. I just hope the government change regulations about that sooner or later.

I would like to point out that you mix two very important things in here. Getting married on any kind visa is perfectly legal even if you come to US with intention to do that (CR1 visa is designed for those people, not only for those who got married outside of US). But coming to US with intent to stay and adjust your status is illegal and that is what makes things harder for people trying to do the process in the right way. Keep that in mind, please.

As I said, I got married on J1 visa and you suggest that I should have not? I disagree. I am 100% sure that what I've done was legal and won't hurt anyone becasue I left US and my husband applied for CR1 visa.

[Boiler 45,527]

VJ has a section for those adjusting in country, I linked to it.

There is also a guide.

To use a lawyer or not is an individual call, most on VJ do not, adjusting in country in itself would not be a cause to do so.

[andrea_smb 5]

I knew somebody was gonna say something that is why I never mentioned the word 'illegal' did I mention it? People keep doing that so it is not illegal and unfortunately Uscis accepts that , people use the wrong visa for their purpose and their benefits. But it is not really your fault that you can do it, it is government fault because they allow it.

Marrying with a J1 it not right, you did it because it is legal to do it but it is not the right visa. Or did you tell the officer at the POE you were gonna get married while you were doing your program??

yes, you leave and that makes you look good. You didn't overstay. But trust me, people who does affect others! I have seen it since the company I used to work is in contact and sends report to the embassy or consulate, so when a student overstays or decides to stay at the US permanently it affects because the get more strict with new students trying to apply.

Example, one year they send around 100 students, around 10 were denied. From those approved, 3 of then stayed. So next year from 100, they denied almost 20, and we know they were strict and asking more question than usual, so the company tried to focus on make that clear to students and parents and the last yaer I was working there from 160, just 6 were denied. So believe it or not, it does affect others, maybe not you or your family but other students that want to do the program that it is an awesome experience.

I am glad you went back.

I would like to point out that you mix two very important things in here. Getting married on any kind visa is perfectly legal even if you come to US with intention to do that (CR1 visa is designed for those people, not only for those who got married outside of US). But coming to US with intent to stay and adjust your status is illegal and that is what makes things harder for people trying to do the process in the right way. Keep that in mind, please.

As I said, I got married on J1 visa and you suggest that I should have not? I disagree. I am 100% sure that what I've done was legal and won't hurt anyone becasue I left US and my husband applied for CR1 visa.

[amartins 11]

Dear Solevita,

Congratulations on your impending nuptials. Many of the posts here are charged with others' extremely high emotions and offended senses of fairness, which may be justified, but I don't think that you're getting a proper reply.

Our Situation

I'm answering based on our own experiences, all of which were accompanied by inordinate amounts of research and plenty of getting things wrong. We never hired a lawyer, though we did get a few free consultations at the beginning—honestly, they told us nothing that we hadn't already discovered ourselves by our own research, so we felt comfortable proceeding without legal representation. Simply, my Portuguese husband came to the US on a J-1 visa. I hold US citizenship. We met here in California, fell in love and wed, all with him remaining here. We got a waiver for his requirement to return to Portugal for two years, and we applied for adjustment of status to get him a green card. His work permit was just approved, and we're waiting to be scheduled for his interview.

Two-Year Requirement
Others have pointed this out, but it's obviously very important. Your J-1 visa may be subject to a requirement that you return to your country of origin for two years. It's easy to check if you don't know: just look at the J-1 visa in your passport, and see if, under 'Annotation', it says 'SUBJECT TO 212 (E)'. If it does, then you'll need to apply for a waiver from the State Department. We did this successfully, and if you'll need to apply, you can do it without leaving the US, but I'll presume for now that you don't need a waiver.

Immigration Fraud?
Since you're here/will be here in the US on a J-1 visa, you're supposedly here not to immigrate, but rather to take part in an exchange programme and return to your country of origin at its conclusion. If you were to sign up for a J-1 visa or arrive here as a tourist, you're not supposed to get married when you're here. But, as you indicated when you posted that you know persons who have done this (and my husband did this): the US accepts that sometimes, plans change, and temporary visitors meet and marry. This in and of itself is not illegal.

What some others have referenced here is if you come to the US and tell the surly fellow who questions you upon arrival that you're here just as a J-1 Exchange Visitor, but you know that you're really coming to get married, you're committing immigration fraud. This is, obviously, illegal. I'll emphasise that we didn't have this issue, because my husband entered the US with every intention to leave at the end of his stay. Meeting me changed matters once he was already present.

Now, if I understand you properly: you're currently outside the US. You're planning on returning to finish your J-1 programme and wed whilst here. So when you pass through Immigration, you may possibly be committing fraud by concealing your matrimonial intentions. Is the difference in your situation and ours clear? My husband was in the US, and his intentions changed. You would be entering with intent to remain. I would recommend, that for this matter at least, that your fiancée search 'immigration lawyer [her city]' and, like we did, go have a free consultation. If whatever lawyer she phones wants to charge her for their first meeting, she should just call the next one, because the initial consultation is usually free.

Of course, I would never recommend that one violate any laws, so it's up to you alone if you feel comfortable not mentioning your intention to remain in the US when you return to finish up your J-1 visa programme. I'm just sharing what information I have. For all I know, you may fully intend to show up in the states, complete your J-1 programme, then return to your country of origin and apply for a K-1 visa (see below), never lying about your intentions, or you may just get swept away with love whilst here and gazing into your betrothed's eyes and, in true American fashion, get married spontaneously. If that were to happen, then you'd be eligible to adjust your status.

Adjustment of Status (AOS) from J-1 Visa
Let's presume, for this discussion, that you're back in the US on your J-1 visa, as was my lucky husband when he and I wed. Let's also presume that you don't need to return to your home country for two years, either by the annotation on your J-1 visa or because you obtained the waiver. You've married, and you're then eligible to adjust your status. This is true even though you first came as an Exchange Visitor. Technically, when we applied for AOS, my husband had overstayed his J-1 visa. However, this was forgiven, as he was applying for AOS for a spouse. He wasn't able to work until receipt of his work permit, which is a part of the whole AOS application.

Non-J-1 Routes

If you don't come and get married as stated above, then you'll have two options: 1) applying for a K-1 visa, which is the fiancé visa and lets you come to the US to marry your US-citizen fiancée or 2) getting married and applying for a CR-1 visa, which is a visa for the spouse of a US citizen. In both of these scenarios, you'd end up in the US and adjusting your status.

As I see it, these options have two shitty facets to them for you:

1. You won't be able to simultaneously take part in your J-1 programme whilst applying for the above visas. It's either do the J-1 visa, go back home and apply for your next one or scratch your programme and just proceed with a K-1 or CR-1.
2. Both of those visas will require that you spend significant time apart, presuming that your fiancée is going to remain in the US. Personally, I hate leaving my husband to go to work, so the thought of months apart due to slow processing times is simply inconceivable. However, you've already had some extended absences that we have not.

Why All the Rancor Thus Far?

I wrote earlier that your question has touched on a lot of individuals' anger, and this is perhaps why some of their advice isn't as good as it should be. I've noticed that plenty of posters here on VisaJourney have gone the K-1 or CR-1 route, and they rightly resent how long it took them to reunite with their significant others when they were going through the proper process. It even gets more frustrating for some when they are told (not everyone, mind you) that they won't have to have an interview to get a green card at all, which sounds spectacular but actually means that they'll have to wait for considerably longer to get a green card. This is in juxtaposition to those who adjusted their statuses from non-immigrant visas after marrying in the US, who both did not have to suffer prolonged separation from their partners and who often get their green cards faster. It seems unfair that we got to jump the queue, as it were. Further, some worry that this affects other visa applicants who will come in future, as the US may modify its quotas and procedures in future based on statistical analysis. I don't wish anybody a longer wait to have their statuses sorted, but I don't apologise for proceeding in the most direct, legal route that was available to me.

Summary

Verify if you're required to go home for two years. Have your fiancée consult a lawyer for free (because why not get free legal advice?). Decide if you want to just show up for your J-1 programme and wed when here, which is one option, or do some version of what is expounded under 'Non-J-1 Routes' above.

You're welcome to post here or message me privately if you've questions.

Yours sincerely,

Whatever username my husband used when he set up this account

Edit: I fixed a typo. (I don't know if people on VJ give reasons for editing like on Reddit, but just in case.)

Edited March 9, 2015 by amartins

[Agnik 2]

I knew somebody was gonna say something that is why I never mentioned the word 'illegal' did I mention it? People keep doing that so it is not illegal and unfortunately Uscis accepts that , people use the wrong visa for their purpose and their benefits. But it is not really your fault that you can do it, it is government fault because they allow it.

Marrying with a J1 it not right, you did it because it is legal to do it but it is not the right visa. Or did you tell the officer at the POE you were gonna get married while you were doing your program??

yes, you leave and that makes you look good. You didn't overstay. But trust me, people who does affect others! I have seen it since the company I used to work is in contact and sends report to the embassy or consulate, so when a student overstays or decides to stay at the US permanently it affects because the get more strict with new students trying to apply.

Example, one year they send around 100 students, around 10 were denied. From those approved, 3 of then stayed. So next year from 100, they denied almost 20, and we know they were strict and asking more question than usual, so the company tried to focus on make that clear to students and parents and the last yaer I was working there from 160, just 6 were denied. So believe it or not, it does affect others, maybe not you or your family but other students that want to do the program that it is an awesome experience.

I am glad you went back.

People, who overstayed, what they did affected those next students.

Edited March 9, 2015 by Casey&Kinga