Is it possible to marry on a J-1?

[JamesTS 1]

If I were granted a J-1 12 month working holiday visa, entering the US without the intent to marry but did end up marrying a US citizen, is it legal to apply for a change of status during the 12 month period the J-1 is valid for please? From my understanding this wouldn't fall under the K-1 or CR1 categories. 

 

Thanks! 

 

 

[Unlockable 7,314]

Yes, it is legal to do so.

 

Correct, that it wouldn't fall under K1 or CR1 categories. Those are for visas to enter the US. It would be adjustment of status since you already have a visa that you used to be in the US.

[TNJ17 1,329]

If you haven’t been granted a J1 yet and are considering marrying and adjusting status on a J1, isn’t that intent? I mean you haven’t entered the US yet and you’re already thinking about marrying and staying. That’s intent.

Edited October 4, 2018 by TNJ17

[Just Paul 4,595]

If you are already in the US and this is someone you met in the US after arriving it would be grounds to adjust status.  If you are using the J1 to get to the US and then adjust it is visa fraud.

 

What country are you coming from?

[TNJ17 1,329]

3 minutes ago, Paul & Mary said:

If you are already in the US and this is someone you met in the US after arriving it would be grounds to adjust status.  If you are using the J1 to get to the US and then adjust it is visa fraud.

 

What country are you coming from?

The way they phrased it “if I were granted” makes it sound like they haven’t been granted a j1 yet. 

[JamesTS 1]

I'm in Australia. I haven't been granted a visa.

 

My boyfriend is a US citizen. We're not yet talking about marriage, however I'm trying to figure out options for when the J-1 expires. 

[TNJ17 1,329]

Just now, LucyS said:

I'm in Australia. I haven't been granted a visa.

 

My boyfriend is a US citizen. We're not yet talking about marriage, however I'm trying to figure out options for when the J-1 expires. 

Yeah, then what you want to do is visa fraud. 

[TNJ17 1,329]

Apply for a K1 instead of a J1. 

[JamesTS 1]

Thanks for the advice! 

[Just Paul 4,595]

3 minutes ago, LucyS said:

I'm in Australia. I haven't been granted a visa.

 

My boyfriend is a US citizen. We're not yet talking about marriage, however I'm trying to figure out options for when the J-1 expires. 

If the CO asks "do you have a boyfriend" the J-1 will not be issued.   

[TM92 527]

40 minutes ago, LucyS said:

If I were granted a J-1 12 month working holiday visa

Just a FYI, there are two types of J-1. Some J-1 programs come with a 2 year home country physical presence requirement and others don't. Holders of a J-1 with the 2 year requirement need a waiver to AOS: http://www.alllaw.com/articles/nolo/us-immigration/marry-citizen-on-j-1-visa-get-green-card.html

Edited October 4, 2018 by TM92

[JamesTS 1]

Good to know, thanks Paul & Mary. A K-1 just means we'll be apart for 7-12 months whilst it's being processed. As I've had work visa applications denied, I would have to apply for a B2 visa to visit in the meantime, which from my understanding may be denied if a K-1 is being processed. Is this correct please?

[JamesTS 1]

Thanks TM92! I have just emailed the sponsor to triple check the 2 year requirement wouldn't apply. 

[Just Paul 4,595]

What visa was denied?  A B-1 or L-1 or H Series.    What is your citizenship?   If you are Australian you might still qualify for ESTA if the company was denied a L-1.  If it was a L-1 and you had the embassy deny you, at or after an interview, then you won't be able to apply for ESTA for a while.   Regardless applying for the ESTA doesn't cost that much.

[TM92 527]

1 hour ago, LucyS said:

entering the US without the intent to marry but did end up marrying a US citizen, is it legal to apply for a change of status during the 12 month period the J-1 is valid for please? From my understanding this wouldn't fall under the K-1 or CR1 categories.

Are you an Australian citizen? If so, IDK if your work visa denials affect your VWP eligibility: https://www.passportindex.org/comparebyPassport.php?p1=au&fl=&s=yes

It is not illegal to enter the US with a nonimmigrant visa (or VWP) with preconceived intent to marry. Check out thread below:

But it is 100% illegal to enter the US with a nonimmigrant visa (or VWP) with preconceived intent to AOS (except K-1 and dual intent visas) or overstay.

Unsolicited info about CR-1: Below is an analysis by @missileman:

Quote

This is my analysis of a K-1 vs a CR-1:

K-1

• More expensive than CR-1
• Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
• Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)
• Spouse can not work until she receives EAD (approx 3-4 months)
• Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period.
• Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

• Less expensive than K-1
• No AOS required.
• Spouse can immediately travel outside the US
• Spouse can start work if desired
• Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US
• Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

All-in-all, the CR-1 is superior to the K-1 imo.

Edited October 4, 2018 by TM92