J1 and get married

[Joannyl 0]

Just for information. For example, I will apply for a 2nd J1 Visa soon, and if Not Subject for Section 212e. I met my boyfriend in the US (US Citizen) and we are planning to get married there. Once I arrived US, after 4 months we will get married and still finish my contract as J1 visa holder. My question is, is it going to be considered as visa fraud?

Edited December 10, 2017 by Joannyl

[payxibka 10,045]

You cannot enter the USA on a non-immigrant visa with the intent, at the time of entry, to use the entry to secure immigration benefits.  Your current intent has been established prior to your entry with the J-1.  Problematic. 

[Joannyl 0]

As i have said, once im in the US with J1 Visa, (NOT SUBJECT FOR SECTION 212e) doing my intership or cultural exchange visit, and get married after 4 months, is it going to be a visa fraud?

[payxibka 10,045]

You can come to the USA and get married...  Not a problem.  Coming to the USA, get married and remain?  Problematic as they have basis for denial

 

 

Edited December 10, 2017 by payxibka

[Joannyl 0]

Why problematic?

[payxibka 10,045]

Just now, Joannyl said:

Why problematic?

Because your intent before you entered is to use a non-immigrant visa entry into the USA to secure immigration benefits.  The USCIS takes a dim view on this activity.  If in there review of your case, they determine you had immigrant intent at entry, this is a guaranteed denial situation.

[Joannyl 0]

Thank you. Now I know getting J1 for marriage is not good. I am just reassuring about this kind of situation since I have read lots of article about this. Some of them passed and some of them didnt. But well, getting the right visa with my right and true intention is a lot safer.

[payxibka 10,045]

1 minute ago, Joannyl said:

Thank you. Now I know getting J1 for marriage is not good. I am just reassuring about this kind of situation since I have read lots of article about this. Some of them passed and some of them didnt. But well, getting the right visa with my right and true intention is a lot safer.

Yes many before you have succeeded, many before you have failed.  Coming to the USA to get married is not the issue.  You could use the J-1 to enter the USA, get married and then you r USC spouse petitions for your to come on an IR1/CR1.  You could remain in the USA for the entire period of your J-1 contract, and then return.  The advantage is that you could get a jump start on the petition window (approvals are 12-14 months) plus not be apart from your USC spouse for an extended period of time

[Joannyl 0]

I am still confused on what to apply. We just want to be together again as soon as we can.

[Scandi 4,162]

3 minutes ago, Joannyl said:

I am still confused on what to apply. We just want to be together again as soon as we can.

K-1 or CR-1 are your options. For the CR-1 you need to get married first.

[payxibka 10,045]

6 minutes ago, Joannyl said:

I am still confused on what to apply. We just want to be together again as soon as we can.

Apply for J-1 as a non-immigrant

Enter the USA

Get married

USC petitions for Spouse visa (I-130) (12-14 months for approval)

Serve out your J-1 contract

Go Home

Petition Approved

Apply for IR1/CR1 visa

Enter the USA as an immigrant

Stay and live happily ever after

 

Otherwise the quickest way is K-1 which will be 9+ months

Edited December 10, 2017 by payxibka

[Scandi 4,162]

Many people with J-1 visas also have the 2 year rule, where they have to stay out of the US for 2 years afterwards.

[payxibka 10,045]

1 minute ago, Scandi said:

Many people with J-1 visas also have the 2 year rule, where they have to stay out of the US for 2 years afterwards.

OP already indicated not subject to

[Joannyl 0]

Can we just apply for AOS after marriage or not? And as i have known while filing for AOS, you can request for extension while the GC is still pending. Is it true?

Edited December 10, 2017 by Joannyl

[payxibka 10,045]

You can but you are at risk of denial because of your intent at entry is to utilize a non-immigrant entry to secure residency