J1 and get married

[Joannyl 0]

Noted on this. Thank you so much for the help Payxibka

[geowrian 22,337]

8 minutes ago, Joannyl said:

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?

If your plan is to come on a J-1 and eventually stay / file for AOS, then that is visa fraud. If you plan to obtain a green card, then you cannot enter on a J-1 visa. You need a K-1 for a fiance, or CR-1 for a spouse.

Edit: You can enter with intent to file for said visas, though. Just not enter with intent to eventually AOS.

Edited December 10, 2017 by geowrian

[payxibka 10,045]

And if you would try to AOS from the J-1 and you are denied then you will have such a mess that will take literally years to unwind

[Mrs. DPK 66]

3 hours ago, Joannyl said:

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

Hello there,

 

My wife and I share a similar story. We had been together for about a year or so, doing long distance, when she got accepted for a 2nd J1 program. Although we had no plans of getting married at the time, later I surprised her by proposing before the end of her internship.

 

The first thing you should know is that you must still go back home after the end of your program. This is the only safest way, and the right way to be with your loved one as soon as possible.

 

In my wife's case, she got the 212-E requirement bcs the internship position she obtained was "directly related to her field of studies", and therefore felt into one of the categories according to which the restriction 212-E is given. So you may want to think in advance if the J1 you're applying to is likely to give you a restriction. In our case, my wife needed to fulfill a requirement for her bachelors and not doing the program was not an option.

 

Anyway, if you still choose to do your J1, and in case you get the restriction, you can still waive it based on marriage. Again, this doesn't mean you don't have to go back home.

 

The waiver took us about 8 months to be granted, and we willingly decided to have this process finished before applying for the IR1/CR1 for my wife. However, after marrying, you could file for the both the waiver and the spousal visa. This way you could work on both at the same time, while completing your J1 program and living with your spouse. Just keep in mind the applications' timing because you want/need the waiver to be issued before your spousal visa starts its NVC stage.

 

However, since by your original post it's evident that the main purpose of the J1 you aim to obtain is marriage, I recommend you to go the full honest way which is either K1 or CR1/IR1. My advice: You don't want nor need to get into the moral predicament of lying during your interview or when sending the  written testimonies required for this process, as this could be considered fraud.

Edited December 11, 2017 by dpk

[DrEllaNJ 288]

I adjusted from J1 (no 2-year HR) and had no trouble doing AOS. I was already in the States though and had been there for 10 years on different successive visas, so it wasn't like I got the J1 so I could come to the US as quickly as possible and then get married. I also didn't get it for an internship (there are a lot of different J1 categories).

 

I think the biggest difficulty might be in obtaining the J1 visa in the first place. For the J1 visa, you have to establish (certify/sign) that you do not have immigrant intent - property/a job/family to return to in your home country. The visa application asks whether you have an American fiance, which technically you do since you know you'll be getting married. I know of friends who were asked whether they had an American boyfriend and had trouble obtaining a J1 visa or being admitted at the border because of that. I was never asked about my US boyfriend and wasn't engaged at my last J1 interview. Once we got engaged, we decided to get married and apply for AOS before I'd be in the situation of having to reapply for a J1 visa, and I didn't even leave the country between engagement/marriage and AOS.

[Sandra G. 5,048]

Deciding to get married on the spur of the moment  is fine, but you already know that you will get married after entering into the U.S then you should apply for K1 or CR1 VISA. All couples want to be together asap, you are not an exception.
 

Edited December 11, 2017 by sandranj

[CheeseMonstah 87]

I personally disagree with most posters. 

 

In my opinion, you're coming to the US on a J1 visa, to pursue your internship. Nothing on that visa says that while you're here you can't meet someone and eventually get married. What's not allowed is to use a J1 visa with the main purpose of getting married. That doesn't seem to be the case. 

 

For reference, I was in the US on an L1 visa, got married, then applied for GC. From the time we filed our I-130 until I got my GC was +- 4 months.

 

Now, I'm not an immigration attorney, so take this all with a grain of salt. Best of luck!

[geowrian 22,337]

9 minutes ago, CheeseMonstah said:

In my opinion, you're coming to the US on a J1 visa, to pursue your internship. Nothing on that visa says that while you're here you can't meet someone and eventually get married. What's not allowed is to use a J1 visa with the main purpose of getting married. That doesn't seem to be the case. 

Nothing wrong with coming to the US on a J-1 and getting married also while here. The issue is planning to AOS at some point after entry...that's clearly not allowed on a J-1 visa. Applying for an immigrant visa is the legal path once you plan to stay in the US. You can still use the J-1 visa in the meantime.

 

9 minutes ago, CheeseMonstah said:

For reference, I was in the US on an L1 visa, got married, then applied for GC. From the time we filed our I-130 until I got my GC was +- 4 months.

L-1 is dual intent - you are allowed to enter with the intent to AOS (once you are eligible to do so). A J-1 does not permit immigrant intent.