J-1 Visa holder marrying a US citizen

[vicks5721 18]

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.)

It is not about resentment or anger about people doing illegal things, it is about how it affects the USA overall, like for K1 visa and CR1 visa they check your criminal record, health and if you will be a public charge. I am sure there are people that don't have any of those things, but they have he right to protect their country, like for example the reason they need to check every immigrants criminal record is obvious, they don't know if someone has done some pretty serious things, also they want to know at the embassy in your home country that you have a genuine relationship, they wouldn't have such K1 and CR1 visas if they thought it is okay everyone does the easy route and cheats their way in without all the necessary checks done. This post is not correct, very bad advice to say it is legal and okay to overstay and use other visas to marry and stay in America, if it really was okay don't you think the immigration officers at the POE would be okay with it, no they are not!! They ask loads of questions and would keep you at the immigration office for 5 + hours and then send you back home and it would be on your record forever, it is always the right thing to do to get K1 or CR1 visa. end of story

Edited March 9, 2015 by vicks5721

[vicks5721 18]

Marry and adjust is both legal and sooooo much easier.

No it is not legal to adjust with the wrong visa, K1 and CR1 visas exist for a reason for fiance's and spouses of US citizens.

[vicks5721 18]

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

that's deceitful to immigration and if they catch you out you are ban for overstaying, with the appropriate visa you have no issues, doesn't it make sense to just apply for the correct thing.

Lying at the POE isn't right!

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.

This is great! It shows that it is all worth it to try to get a waiver if need be.

Edited March 9, 2015 by vicks5721

[NikLR 13,227]

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

Not really. They found someone, fell in love, and got married. It's legal and the overstay is forgiven. The US government allows for AOS because of things like that, but like all good things, people abuse it. People who overstay and never adjust their status, affect the next student. People who stay in the USA illegally are the ones who make it harder on others to get F1, J1, and B1/B2 visas.

People who say it's illegal to come to the USA to get married on a J1 visa or B2 are lying. It's not. The USA has marriage tourism. Look at Vegas! Look at Hawaii! People go abroad all the time to get married. The part that is illegal is to misrepresent to the CBP officer why you're visiting the USA. If you told the CBP that you were planning on coming to the USA, to get married, they'd say great, and likely ask for your ties to your home country. You may have to spend some extra time convincing them that you are in fact, not trying to stay, just wanting to get married. If you told them you were planning on getting married, then staying, they'd say great, get back on the plane and don't come back until you have a visa that allows you to stay

The burden of proof is upon the USCIS to show you lied, if that is what happened. The consequences are very serious if you do so. You risk a lifetime ban from the USA, which makes it hard on any significant other you may have here. There are immigration rules to every country you go to. Some are strict, and others are not.

Because the OP is outside the country currently, they can yes, come to the USA and get married. What they cannot do is intend to stay after marriage. To lie to the CBP is illegal. If that is your intent, then that is what you should state when asked "why are you visiting the USA." If you want to get married and stay, then there are a few legal routes in which to do so.

[vicks5721 18]

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.

Exactly I agree, it people do the right thing they are not likely to need a lawyer and lawyers I have heard are unreliable anyway.

Yes it definitely affects other people and soon I do hope that the US government get stricter with the regulations of POE, visas and AOS etc.

As it is becoming such a big trend now to do the illegal route.

It is never okay to break the law, there is no excuses in my opinion. It isn't a long process for a K1 or CR1 visa really and it flies by quick before you know it anyway, and at the end of day you know you did the right thing.

Also everyone knows that VWP and Tourist visas etc are for short term stays in the US, it is explained to them in so many ways at their interview and so on.

[vicks5721 18]

Not really. They found someone, fell in love, and got married. It's legal and the overstay is forgiven. The US government allows for AOS because of things like that, but like all good things, people abuse it. People who overstay and never adjust their status, affect the next student. People who stay in the USA illegally are the ones who make it harder on others to get F1, J1, and B1/B2 visas.

People who say it's illegal to come to the USA to get married on a J1 visa or B2 are lying. It's not. The USA has marriage tourism. Look at Vegas! Look at Hawaii! People go abroad all the time to get married. The part that is illegal is to misrepresent to the CBP officer why you're visiting the USA. If you told the CBP that you were planning on coming to the USA, to get married, they'd say great, and likely ask for your ties to your home country. You may have to spend some extra time convincing them that you are in fact, not trying to stay, just wanting to get married. If you told them you were planning on getting married, then staying, they'd say great, get back on the plane and don't come back until you have a visa that allows you to stay

The burden of proof is upon the USCIS to show you lied, if that is what happened. The consequences are very serious if you do so. You risk a lifetime ban from the USA, which makes it hard on any significant other you may have here. There are immigration rules to every country you go to. Some are strict, and others are not.

Because the OP is outside the country currently, they can yes, come to the USA and get married. What they cannot do is intend to stay after marriage. To lie to the CBP is illegal. If that is your intent, then that is what you should state when asked "why are you visiting the USA." If you want to get married and stay, then there are a few legal routes in which to do so.

yeah the only routes to stay after marriage is get CR1 visa and if get engaged only then K1 visa simple answer.

It's not legal to overstay, you can get 3 year or 10 year ban.

[NikLR 13,227]

Overstay is forgiven for AOS cases to a USC spouse. Should the overstaying spouse leave before green card, then yes the AOS would be considered abandoned, a ban would result, which would need a waiver after going through the spousal visa route. There are also waivers to allow people who are illegal in the USA to go to their home countries for interviews (since entering without inspection makes it so you cannot AOS.) The USCIS is very good about getting their money and making you jump through their hoops, but there is almost always a way.

[amartins 11]

vicks5721, I really don't understand what you mean when you write,

It is not about resentment or anger about people doing illegal things, it is about how it affects the USA overall, like for K1 visa and CR1 visa they check your criminal record, health and if you will be a public charge. I am sure there are people that don't have any of those things, but they have he right to protect their country, like for example the reason they need to check every immigrants criminal record is obvious, they don't know if someone has done some pretty serious things, also they want to know at the embassy in your home country that you have a genuine relationship, they wouldn't have such K1 and CR1 visas if they thought it is okay everyone does the easy route and cheats their way in without all the necessary checks done.

It may be the general lack of punctuation and run-on nature of it, but it appears to me that you're contesting that it is wrong for one to adjust one's status without a K-1 or CR-1 visa because one thus avoids background checks, health checks and financial means tests. While I cannot speak to every situation, I can (and have) spoken to mine: for a J-1 visa, USCIS may require a background check. Upon applying for AOS, my husband went through a medical examination, which encompassed the same checks that a K-1 applicant would have had to do in their home country. Regarding the public charge issue, he both proved financial means for his J-1 programme and again was required to submit the I-864 Affidavit of Support to show that he had a sponsor when submitting his AOS.

You also wrote,

This post is not correct, very bad advice to say it is legal and okay to overstay and use other visas to marry and stay in America, if it really was okay don't you think the immigration officers at the POE would be okay with it, no they are not!! They ask loads of questions and would keep you at the immigration office for 5 + hours and then send you back home and it would be on your record forever, it is always the right thing to do to get K1 or CR1 visa. end of story

I take umbrage with your incorrect summary of my post. I very clearly indicated in my original reply that I would not recommend violating any laws, and I rather explicitly recommending consulting a lawyer for this matter. I also explained how my own husband has legally applied for AOS without lying to any immigration officers (and he has thus never been detained for '5+ hours and then [sent] back home'). Further, I pointed out that K-1 and CR-1 visas are viable options, though not without their disadvantages.

Overstay is forgiven for AOS cases to a USC spouse. Should the overstaying spouse leave before green card, then yes the AOS would be considered abandoned, a ban would result, which would need a waiver after going through the spousal visa route. There are also waivers to allow people who are illegal in the USA to go to their home countries for interviews (since entering without inspection makes it so you cannot AOS.) The USCIS is very good about getting their money and making you jump through their hoops, but there is almost always a way.

This is correctly and succinctly put.

[Boiler 45,557]

No it is not legal to adjust with the wrong visa, K1 and CR1 visas exist for a reason for fiance's and spouses of US citizens.

You are wrong and keep on posting wrong information despite other peoples best efforts to correct you.

Plenty of information on this subject on VJ, please read the guides.

[vicks5721 18]

You are wrong and keep on posting wrong information despite other peoples best efforts to correct you.

Plenty of information on this subject on VJ, please read the guides.

No I am not

[vicks5721 18]

vicks5721, I really don't understand what you mean when you write,

It may be the general lack of punctuation and run-on nature of it, but it appears to me that you're contesting that it is wrong for one to adjust one's status without a K-1 or CR-1 visa because one thus avoids background checks, health checks and financial means tests. While I cannot speak to every situation, I can (and have) spoken to mine: for a J-1 visa, USCIS may require a background check. Upon applying for AOS, my husband went through a medical examination, which encompassed the same checks that a K-1 applicant would have had to do in their home country. Regarding the public charge issue, he both proved financial means for his J-1 programme and again was required to submit the I-864 Affidavit of Support to show that he had a sponsor when submitting his AOS.

You also wrote,

I take umbrage with your incorrect summary of my post. I very clearly indicated in my original reply that I would not recommend violating any laws, and I rather explicitly recommending consulting a lawyer for this matter. I also explained how my own husband has legally applied for AOS without lying to any immigration officers (and he has thus never been detained for '5+ hours and then [sent] back home'). Further, I pointed out that K-1 and CR-1 visas are viable options, though not without their disadvantages.

This is correctly and succinctly put.

Yeah see this shows me you are going from personal experience and sorry it is never okay to do something illegal and what you wrote is very rude.

Well I stand firm to what I know is correct and US law.

Edited March 9, 2015 by vicks5721

[Boiler 45,557]

No I am not

Ohh dear, hopefully those who are in this situation will ignore your comments and read the VJ guides.

[vicks5721 18]

of course every visa has disadvantages, but it is wrong to use VWP or other visas with intend to marry or even if you didn't intend to at first. You know when you get the visa that you have a short term stay in America and have to return home afterwards, they tell you at the Embassy interview very clearly and ask for ties to your home country so they know that you will return afterwards.

Ohh dear, hopefully those who are in this situation will ignore your comments and read the VJ guides.

No they should ignore your comments more likely

Edited March 9, 2015 by vicks5721

[vicks5721 18]

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).

[Ryan H 3,812]

~~~Closed for review~~~

***After a review of this thread by VJ Moderation, it will remain closed to any further discussion. If the OP has any further questions, they are free to start a new thread. If a new thread is started on this topic, all replies are to directly address the questions posed without veering off onto extraneous or off-topic commentary; thread bans will be the result for any poster going off topic in a restarted thread.***

Edited March 10, 2015 by Ryan H