British marrying American on tourist visa. Help needed!!!

[Cathi 5,757]

I would be subject to the 2 year home residency if I were applying for a second j1, but this does not apply with the ESTA.

ummm you still cannot immigrate to the US during the 2 year waiting period. ESTA is only the application process for the VWP and you cannot immigrate to the US using the VWP. The VWP is for visiting, not for you to come here with the intent to marry, stay and adjust status, that would be fraud.

Edited July 28, 2016 by mimolicious

[Smileyhanhan 0]

So would those of you with experience advise me to get married on my current j1 then adjust my status while in the US?

During the process, if my J1 expires, will I have to go home if my status is not adjusted in time?

[JFH 12,190]

So would those of you with experience advise me to get married on my current j1 then adjust my status while in the US?

During the process, if my J1 expires, will I have to go home if my status is not adjusted in time?

Firstly, check the conditions of your J1 and see if you are under the 2-year home residency requirement. If you are (and most likely you are), you cannot live in the US for 2 years after completion of your J1 programme. You can visit for holidays. But not live. The whole point of a J1 is a temporary cultural exchange to gain experience or knowledge to take home with you. Hence the requirement to live in your home country for 2 years afterwards.

You can get a waiver for this requirement - as you are from the UK it will be impossible to get a waiver based on threats of persecution in your home country. Things have changed since you left but we've not reached that stage here! Hardship of your spouse will also be difficult to prove. So you can try the "no objection" route through the British embassy there. But if your waiver is not approved, you cannot stay and you will have to leave.

Have you looked into your husband immigrating to the UK? I certainly would in your position because of the 2-year rule you have.

[Pennycat 880]

Thank you, this was very helpful!

Do you have experience with the temporary work visa, as I have a job offer available when I am legal to work so wondered how long that would take.

Just seeing this. Yes, actually my husband's was just approved today. So what happens with the K1 visa is you're allowed in and must marry within 90 days. Then, after you're married (and as soon as you can get your hands on the marriage certificate-- takes a week or so depending on the jurisdiction) you apply for three things in one bundle. 1. Permanent Residency ("Green Card") 2. Advance Parole (Travel document-- K1 is a one time use visa, this allows you to re-enter the US before your green card arrives) 3. Employment Authorization Document (EAD).

Green card takes a year or so, AP and EAD are supposed to be processed within 90 days. Please note the "supposed to". Today is Day 105 for us, and the status *just* changed to "Card Being Produced" which will take another week or so to print and mail. So, if you get legally married the day you get off the plane, and are ready to submit this package of stuff the very day you get your marriage certificate, you *should* have EAD in 3 months. This, by the way, is the same if you marry on ESTA, so skipping the K1 process won't help you there one bit. Honestly, it's best to prepare for 6 months of unemployment.

This is why a lot of people prefer the spouse visa route-- they are authorized to work and have green cards on arrival. It's a longer time apart but you can always visit during processing, and the benefits can be significant depending on your situation.

[Pennycat 880]

So would those of you with experience advise me to get married on my current j1 then adjust my status while in the US?

During the process, if my J1 expires, will I have to go home if my status is not adjusted in time?

First, check and see if the home residency requirement applies to you or not. No one knows this information for you. You need to check your visa and/or with the program that you got it through.

And, no. If you marry and apply to adjust status on the J1 (if you can-- again, check the home residency requirement thing), you enter into a period of authorized stay while the AOS is processing. The visa can expire and you're fine. You just should file before the visa expires to keep things easy.

[Smileyhanhan 0]

Firstly, check the conditions of your J1 and see if you are under the 2-year home residency requirement. If you are (and most likely you are), you cannot live in the US for 2 years after completion of your J1 programme. You can visit for holidays. But not live. The whole point of a J1 is a temporary cultural exchange to gain experience or knowledge to take home with you. Hence the requirement to live in your home country for 2 years afterwards.

You can get a waiver for this requirement - as you are from the UK it will be impossible to get a waiver based on threats of persecution in your home country. Things have changed since you left but we've not reached that stage here! Hardship of your spouse will also be difficult to prove. So you can try the "no objection" route through the British embassy there. But if your waiver is not approved, you cannot stay and you will have to leave.

Have you looked into your husband immigrating to the UK? I certainly would in your position because of the 2-year rule you have.

My ds 2019 states than I am not subject to the 2 year home residency because the exchange program was not funded or part funded by the government, which is good news for me.

[Smileyhanhan 0]

So my fiancé and I are going to a lawyer in 2 days to talk about which option is best in terms of marrying and filing and if I should do it on my j1 or on a visitors visa, I'll keep you posted.

[EM_Vandaveer 2,408]

If you are in the US right now on a J1 and NOT subject to the 2-year HRR, then it is easiest to marry and file for AOS.

Here is the guide:

http://www.visajourney.com/content/i130guide2

You'll get EAD & AP within about 90 days (if you file I-765 & I-131 with your AOS packet). At that point you'll be able to work & travel outside the US while waiting for your AOS interview.

Edited August 1, 2016 by EM_Vandaveer

[Smileyhanhan 0]

You have all been incredibly helpful!