Getting married on J-1 status without without Two-Years Home Residency Requirement?

[maxfayne 0]

I am on J-1 status without Two-Years Home Residency Requirement. I got a letter from State Department that I am NOT a subject. Now my current program/visa/DS-2019/I-94 is going to end in mid of February 2016. It was an one year contract as a Research Scholar.

I got job offers but the problem is I have to apply for NIW/EB-2 or H-1B and that would take approximately 1 year. So I decided to get marry.

1. My question is that, if I get marry before February 2016, how long it will take for me to get the work authorization (or temporary work permit etc. etc.)? Is it a fast process, like 1-2 months?

2. My second question is, there is only one way to stay longer in US after my current visa expires and that is visiting visa B-2, am I right? So if I apply for B-2 visa and then get marry, in this case, can I get work authorization (or temporary work permit etc. etc.) without leaving the US? Actually, I don't want to leave US right now.

Please advise?

Thanks.

[Transborderwife 4,666]

1.about 90 days

2. Pretty much

[Elf 146]

2. My second question is, there is only one way to stay longer in US after my current visa expires and that is visiting visa B-2, am I right? So if I apply for B-2 visa and then get marry, in this case, can I get work authorization (or temporary work permit etc. etc.) without leaving the US? Actually, I don't want to leave US right now.

Entering the US on a B-2 visa with the intent to marry and adjust status is immigration fraud.

To change status from J-1 to B-2 while remaining in the US, you'll be required to prove that you don't have immigrant intent. If your plan is actually to adjust to B-2 then marry and apply for AOS to permanent residency, you would have to lie about your intentions on your I-539 application. Misrepresentation in order to gain immigration benefits is grounds for a permanent bar to entering the US. It will be noticed when you file for AOS after marrying.

Do not do this.

Marrying a US citizen while in J-1 status and applying for AOS is fine, assuming that it's a bona fide marriage and that you had no immigrant intent at the time of most recent entry into the US.

I got job offers but the problem is I have to apply for NIW/EB-2 or H-1B and that would take approximately 1 year. So I decided to get marry.

And they say romance is dead...