About my case: Married on J1 (Is this Visa Fraud?)

[Bigtuna 34]

Hi folks! I want to tell you about my case and see what do you guys think. First of all, my J1 visa has no 2-year rule.

 

I met my american gf in May 2017 in Spain while she was working as an Aupair. One month after, her program finished, so she left Spain and lived in USA from July 2017 until December 2017.

 

In 2018 she came back to Spain with another visa to work in Madrid during 2018 as an english teacher. The 6 previous months, while she was in the USA, we keep our relationship in the distance and then, when she arrived to Spain again, we continued dating and living in the same city during 2018. 

 

She told me that she was planning to go back to USA in 2019 to study a master, so, because it was still early to get married, I decided to apply for a J1 visa and work as a trainee for 18 months in USA. It was a good opportunity to keep knowing each other, get experience in my field in other country and plus, I really wanted to have an experience abroad since I had never lived outside my country. The J1 got approved, they never asked me if I had a girlfriend, only, as far as I remember, when I was applaying they asked me if I knew somebody living in the USA, but since my gf was living still in Spain when I applied, I marked NO.

 

From march 2019 until now in 2020, we have been living togheter in the USA. I love my trainee position and I have learnt a lot and do everything that my program required. The program lasts until november 2020. In february 14th we talked about getting married because we felt ready, so I bought a ring and, in our 3rd anniversary (May 2020) I proposed to her.

 

My original idea was to follow the K1 visa way. She could apply now, I would go back to Spain in november, and maybe by next summer it would get approved. But, because COVID-19, and because the visits to see each other during that time would cost a lot (or maybe wouldnt even be possible with this travel restrictions), we got the recommendation to just go to courthouse, get married and apply for AOS. And so we did. 

 

But NOW, is when I´m getting a little bit paranoid. I was completing forms and checking some other threads to compare, and then I came across on this post saying that coming on a J1 having an american gf that u met before the J1, and the get married on a J1, could be consider a VISA FRAUD. So, as you can imagine, now I´m very nervous and even considering the option of going to Spain and follow the CR1, because now we cant even go by the K1 process because we are already married here.

 

So please, I need advice. I have no money to pay lawyers now, I want to see if there is other couples that have done something similar or if you guys think is too risky to apply for AOS. We had all ready to apply basically next week....

 

Thank you and sorry for the looong text.

 

 

 

 

Edited July 29, 2020 by Bigtuna

[aaron2020 11,651]

Hi,

 

You do not have a problem.

 

File for AOS and don't worry yourself to death.

 

Good luck.

[JFH 12,190]

Not an issue. 

[Bigtuna 34]

 

25 minutes ago, aaron2020 said:

Hi,

 

You do not have a problem.

 

File for AOS and don't worry yourself to death.

 

Good luck.

 

7 minutes ago, JFH said:

Not an issue. 

Thank you guys. This really gives us some relief and reassurance.

[mnk 62]

Success story here. It wasn't a problem for us.

In the interview, the IO only somewhat pointedly asked "so you immediately applied for the J1 after visiting her?"

Tell the truth, keep it simple, and you'll be fine.