Marrying on a J1 Visa

[Adrii 208]

Hey guys,

In search of some advice.

My boyfriend is an American citizen and I live in Australia we have being doing long distance for almost a year now.

As I just finished my studies I'm in the process of applying for the J1 work visa (12 month self paced)

I understand there is a strong emphasis put on the J1 visa applicants to return home after their visa ends but my question is what IF my boyfriend proposes to me while Im on a J1? Can I legally marry and update my status to stay?

I've read a lot of people saying they went over on a J1 visa then met someone, married then updated their status but I'm worried that because we were together prior to entering does this then make me look like my intent was to immigrate all along?

I just want to do the right thing and not get ourselves in any sort of trouble if this were to happen.

Any advice is greatly appreciated!

[Mollie09 1,543]

49 minutes ago, Adrii said:

Hey guys,

In search of some advice.

My boyfriend is an American citizen and I live in Australia we have being doing long distance for almost a year now.

As I just finished my studies I'm in the process of applying for the J1 work visa (12 month self paced)

I understand there is a strong emphasis put on the J1 visa applicants to return home after their visa ends but my question is what IF my boyfriend proposes to me while Im on a J1? Can I legally marry and update my status to stay?

I've read a lot of people saying they went over on a J1 visa then met someone, married then updated their status but I'm worried that because we were together prior to entering does this then make me look like my intent was to immigrate all along?

I just want to do the right thing and not get ourselves in any sort of trouble if this were to happen.

Any advice is greatly appreciated!

 

Will your J-1 have a 2 year residency requirement?

[payxibka 10,045]

1 hour ago, Adrii said:

Hey guys,

In search of some advice.

My boyfriend is an American citizen and I live in Australia we have being doing long distance for almost a year now.

As I just finished my studies I'm in the process of applying for the J1 work visa (12 month self paced)

I understand there is a strong emphasis put on the J1 visa applicants to return home after their visa ends but my question is what IF my boyfriend proposes to me while Im on a J1? Can I legally marry and update my status to stay?

I've read a lot of people saying they went over on a J1 visa then met someone, married then updated their status but I'm worried that because we were together prior to entering does this then make me look like my intent was to immigrate all along?

I just want to do the right thing and not get ourselves in any sort of trouble if this were to happen.

Any advice is greatly appreciated!

If your J-1 has the mandatory home residency requirement you will not be able to adjust status without a waiver

 

Since you are inquiring about adjusting status before you even enter the USA it is possible that the USCIS will conclude it was your intention all along

[DrEllaNJ 288]

Boyfriend is not the same as fiance. Breakups happen all the time, nothing is sure until he proposes (and even then).

I'm not trying to put your relationship down, but to explain the difference between having an American fiance (with intent to marry) and an American boyfriend (which may or may not result in marriage).

I was in the US on a J1 visa when I met my US boyfriend. I had to renew my visa twice. I was never asked about a USC boyfriend, and didn't feel the need to volunteer that info. Once we got engaged, we made sure to get married before the renewal question came up. I adjusted status without any problems.

USCIS is not thought police. Inquiring about adjusting of status does not demonstrate intention to immigrate - after all, without a proposal and marriage to your now-boyfriend, you would not have any basis to adjust.

Now if you're bringing a wedding dress from Australia and start sending out save-the-dates, that's a different story.

Edited December 18, 2017 by DrEllaNJ

[Gemma 41]

Hi @Adrii,

 

The short answer is: it will depend on the officer evaluating your case.

 

When applying to AOS through marriage there are many questions regarding when and how you guys met. Considering you've been already dating for a year, that could be a problem when applying for AOS as it could be viewed as visa fraud. 

That said, I guess it will depend on several factors: do you have a 2 year residency requirement? if you guys marry, and that happens soon after moving to the US on a J1 it may look bad. There will also be questions about when did you get engaged.

 

If you've already applied for a J1 then I assume there's a professional reason beyond your relationship to move right now, discarding the K1 route. You guys could get married in the U.S. then you could go back to Australia while applying for a K3. I know that's not ideal but that would be the safer way to do it. Going through the marriage + AOS while in J1 it's possible but somewhat riskier. You guys will need to decide what makes more sense for you and if you rather assume risks or go the safe route.

[payxibka 10,045]

CR1/IR1...  K-3 is essentially an obsolete visa

[geowrian 22,337]

You are absolutely permitted to marry (anywhere in the world, or on any visa in the US). Marriage is not an immigration status limit.

Take it one step at a time...if you decide to marry, then so be it. Cross that bridge when it comes.

Be aware that there may be a 2 year home residency requirement.

 

3 minutes ago, Gemma said:

You guys could get married in the U.S. then you could go back to Australia while applying for a K3.

CR-1. K-3 is obsolete and almost never issued anymore.

[Adrii 208]

7 hours ago, Gemma said:

Hi @Adrii,

 

The short answer is: it will depend on the officer evaluating your case.

 

When applying to AOS through marriage there are many questions regarding when and how you guys met. Considering you've been already dating for a year, that could be a problem when applying for AOS as it could be viewed as visa fraud. 

That said, I guess it will depend on several factors: do you have a 2 year residency requirement? if you guys marry, and that happens soon after moving to the US on a J1 it may look bad. There will also be questions about when did you get engaged.

 

If you've already applied for a J1 then I assume there's a professional reason beyond your relationship to move right now, discarding the K1 route. You guys could get married in the U.S. then you could go back to Australia while applying for a K3. I know that's not ideal but that would be the safer way to do it. Going through the marriage + AOS while in J1 it's possible but somewhat riskier. You guys will need to decide what makes more sense for you and if you rather assume risks or go the safe route.

Thank you for your message! It's so hard to gauge because yes I'm not engaged but you also don't commit to a long distance relationship if you don't see it going anywhere. I've lived and worked in Canada before also so I'm now thinking maybe another work visa in Canada would be best to shorten the distance between us and then doing the K1 when the time arises. Because I just fear immigration thinking if I enter on a J1 with a US boyfriend that it'll just give them reason to deny any update of status later. But again I just don't want to rush into marriage just so I can be closer to my man.. it's a shame they don't have a more relaxed working holiday program like other countries 

[monica7777 40]

On 12/18/2017 at 3:08 PM, Adrii said:

Thank you for your message! It's so hard to gauge because yes I'm not engaged but you also don't commit to a long distance relationship if you don't see it going anywhere. I've lived and worked in Canada before also so I'm now thinking maybe another work visa in Canada would be best to shorten the distance between us and then doing the K1 when the time arises. Because I just fear immigration thinking if I enter on a J1 with a US boyfriend that it'll just give them reason to deny any update of status later. But again I just don't want to rush into marriage just so I can be closer to my man.. it's a shame they don't have a more relaxed working holiday program like other countries 

Hi Adrii,

 

I don't think you need to worry about rushing your engagement. It will happen when the time is best for you and your boyfriend. We can never predict the future. However, I believe it is important to find out if the J-1 visa will be subject to the 2 year home residency. This rule can change the course of your plans and waivers can be very difficult to obtain. After your program is done you will have to go back to your home country for 2 years, before being able to apply for your GC or other work visa, regardless if you are married to a U.S. citizen or have a full time job in the U.S. I went through this 3 years ago and had to be separated from my husband for 2 years. It was definitely a game changer for us, because it came as a surprise when we were about to initiate the AOS.  At the end the wait was worth it, as I was able to return to the U.S. legally and begin working shortly after.

 

If you will not be subject to the 2 YR HRR, then you will be fine and let things take it's proper course. Best of luck!

[Adrii 208]

On 12/27/2017 at 9:17 AM, monica7777 said:

Hi Adrii,

 

I don't think you need to worry about rushing your engagement. It will happen when the time is best for you and your boyfriend. We can never predict the future. However, I believe it is important to find out if the J-1 visa will be subject to the 2 year home residency. This rule can change the course of your plans and waivers can be very difficult to obtain. After your program is done you will have to go back to your home country for 2 years, before being able to apply for your GC or other work visa, regardless if you are married to a U.S. citizen or have a full time job in the U.S. I went through this 3 years ago and had to be separated from my husband for 2 years. It was definitely a game changer for us, because it came as a surprise when we were about to initiate the AOS.  At the end the wait was worth it, as I was able to return to the U.S. legally and begin working shortly after.

 

If you will not be subject to the 2 YR HRR, then you will be fine and let things take it's proper course. Best of luck!

Thank you so much for you response!! Just to change things up my boyfriend ended up surprising me by coming to Australia for New Years and he PROPOSED!!! Thank goodness I hadn't completed my J1 application!!! So the K1 process now begins! Happy New Year to you!!

[DrEllaNJ 288]

congratulations on your engagement, and best of luck on your visajourney!

[Adrii 208]

Thank you so much!!! Happy New Year!!

[monica7777 40]

5 hours ago, Adrii said:

Thank you so much for you response!! Just to change things up my boyfriend ended up surprising me by coming to Australia for New Years and he PROPOSED!!! Thank goodness I hadn't completed my J1 application!!! So the K1 process now begins! Happy New Year to you!!

Congratulations!!!! Best of luck and hope your process goes smoothly!!!