J1 Visa Holder getting married to a Green Card Holder

[sheenaali11 0]

Hi! 

I am currently on a J1 Visa and will be expiring this June 2017. I have no intentions of staying not until my bf here in the US proposed and decided to have our wedding this March 2017. I need help on what procedures can we take for me to stay here, or if I go back home to my country, would I be able to come back? I am exempted from the 2 Year Home Residency. My fiance is just a Green Card Holder/Permanent Resident. I am really confused on what to do and which to process. I hope someone can help me.

 

Thanks!

[geowrian 22,338]

Congrats!

 

That's good that you don't have the 2YHR requirement. That said, a spouse of an LPR does not have a visa available immediately. You will need to leave the US before your visa expires. Once married, you can file for an I-130 to and get a Priority Date (PD). Once that becomes current, you can proceed with getting your visa. That said, the exact timeline for a second preference (F2A) is not known as there is a fixed number of visas available every year. You will need to watch the visa bulletins to determine when your PD is current. This will likely be in about 18 months if applied for today. I used http://www.myprioritydate.com/ to estimate this...it could be sooner or later depending on how many people apply and how many visas become available each year. Once your PD is current, it will be several months before the interview and visa issuance (if approved).

 

When will your fiance become a USC? If he becomes a USC, you can get an CR-1/IR-1 visa, which takes 10-12+ months instead (and is "available immediately", meaning your PD is current automatically as there is no fixed number of these visas).

Edited February 12, 2017 by geowrian

[kzielu 1,149]

34 minutes ago, sheenaali11 said:

Hi! 

I am currently on a J1 Visa and will be expiring this June 2017. I have no intentions of staying not until my bf here in the US proposed and decided to have our wedding this March 2017. I need help on what procedures can we take for me to stay here, or if I go back home to my country, would I be able to come back? I am exempted from the 2 Year Home Residency. My fiance is just a Green Card Holder/Permanent Resident. I am really confused on what to do and which to process. I hope someone can help me.

 

Thanks!

What you need to do is file a petition, go home, after about two years interview in your US embassy, come back with CR1/IR1 visa. No procedures related to marriage for you to stay here.

 

How far is your fiance from getting US citizenship ?

[Unidentified 2,930]

What are you doing here on J1 visa? Just asking because in some instances your status as J1 goes bye bye once you get married. 

[aaron2020 11,651]

When will your fiance plan on applying for US citizenship?

 

There is no way for you to stay by marrying an LPR.  Currently, there is a 2 years wait.

 

If you go home, you would need to get a visitor visa to come back to visit.  

 

You will need to accept that you will be separated from your husband for a time.  There is no way for you to avoid this without him becoming a US citizen.

[sheenaali11 0]

10 hours ago, geowrian said:

Congrats!

 

That's good that you don't have the 2YHR requirement. That said, a spouse of an LPR does not have a visa available immediately. You will need to leave the US before your visa expires. Once married, you can file for an I-130 to and get a Priority Date (PD). Once that becomes current, you can proceed with getting your visa. That said, the exact timeline for a second preference (F2A) is not known as there is a fixed number of visas available every year. You will need to watch the visa bulletins to determine when your PD is current. This will likely be in about 18 months if applied for today. I used http://www.myprioritydate.com/ to estimate this...it could be sooner or later depending on how many people apply and how many visas become available each year. Once your PD is current, it will be several months before the interview and visa issuance (if approved).

 

When will your fiance become a USC? If he becomes a USC, you can get an CR-1/IR-1 visa, which takes 10-12+ months instead (and is "available immediately", meaning your PD is current automatically as there is no fixed number of these visas).

Thank you! 

 

So as I understood it, after the wedding, I need to file the I-130 and proceed with my program until my visa expires and come back home? I do not need to undergo the AOS before going back to my country, right? 

[sheenaali11 0]

4 hours ago, Unidentified said:

What are you doing here on J1 visa? Just asking because in some instances your status as J1 goes bye bye once you get married. 

I am doing a Traineeship in hospitality. What do you mean it will go bye bye? 

[geowrian 22,338]

1 hour ago, sheenaali11 said:

Thank you! 

 

So as I understood it, after the wedding, I need to file the I-130 and proceed with my program until my visa expires and come back home? I do not need to undergo the AOS before going back to my country, right? 

You're welcome.

 

You can get married anytime and anywhere, really (in or out of the US). The I-130 can only be filed after getting married, though. You will need to return home before your J1 status expires. You are not eligible to file for AOS within the US, but the visa you will get will provide LPR status (and green card as proof) automatically without the need to file for AOS.

[aaron2020 11,651]

9 hours ago, Unidentified said:

What are you doing here on J1 visa? Just asking because in some instances your status as J1 goes bye bye once you get married. 

BS.  Under no circumstances does a J1 goes "bye bye" because a visa holder got married.  Complete BS.

Edited February 12, 2017 by aaron2020

[aaron2020 11,651]

5 hours ago, sheenaali11 said:

I am doing a Traineeship in hospitality. What do you mean it will go bye bye? 

Ignore Unidentified.  

[Unidentified 2,930]

1 minute ago, aaron2020 said:

BS.  Under no circumstances does a J1 goes "bye bye" because visa holder got married.  Complete BS.

Au Pair's get sent home if they get married. That's why I asked what she was doing on her J1. 

Edited February 12, 2017 by Unidentified

[Unidentified 2,930]

Just now, aaron2020 said:

Ignore Unidentified.  

Read up on all facts before you judge. 

[aaron2020 11,651]

If you tell us when your fiance plans on becoming a USC, there might be a way for you to stay.

 

[aaron2020 11,651]

Just now, Unidentified said:

Read up on all facts before you judge. 

Really?  Show one case where marriage causes a J1 visa to go bye bye.

[aaron2020 11,651]

4 minutes ago, Unidentified said:

Au Pair's get sent home if they get married. That's why I asked what she was doing on her J1. 

Prove this.  Show a single case where marriage caused a J1 visa to go bye bye.