J1 - gay marriage visa

[kkristynaa 0]

Hi, I have a kind of complicated question and I don't think I placed it in the right section, but I haven't found anything more suitable, so I will try it.

I live in Florida on J1 visa and I have a fiance in Slovakia. I wanted my fiance to come to america and there is a J2 visa for spouses I thought I can get her. The thing is - I am from Czech, she is from Slovakia, we are both women, and we want to live in the USA. 
1) Can we marry in Czech/Slovakia and still get a J2 or do we have to marry in america? 
2) During COVID is there any chance to get visas? Or would that all have to wait when the borders are open again?

[Boiler 45,516]

No need to marry in America

 

I would not want to guess the Covid future.

[HRQX 4,145]

17 minutes ago, kkristynaa said:

Can we marry in Czech/Slovakia and still get a J2 or do we have to marry in america?

You can marry anywhere in the world where it's legal.

18 minutes ago, kkristynaa said:

During COVID is there any chance to get visas? Or would that all have to wait when the borders are open again?

"Eligibility for a J-2 Visa depends on the specific exchange program being offered to the J-1 non-immigrant by a sponsor organizations. The exchange categories of au pair, camp counselor, secondary school student and summer work travel do not permit J-2 Visas. In addition, although some categories allow for spouses and/or dependents to accompany a J-1 Visa holder, there are specific programs that do not." https://j1visa.state.gov/basics/j2-visa/ Also, there is currently a ban until Dec. 31, 2020. That date is subject to change. https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa progress reports” to “work visas” - OP is a J-1 visa holder so the K-1 is not possible*~*~*

[carmel34 3,631]

12 hours ago, kkristynaa said:

we want to live in the USA

Even if your future wife qualifies for a J2 visa, if your J1 category allows it, it would expire when your J1 period of authorized stay ends, and you would both have to leave the US.  J1 and J2 are non-immigrant visas, for a period of temporary stay in the US.  Is your J1 subject to the two-year rule meaning that when it expires, you have to return to your home country for at least two years?  There is a path from J1 to green card, but it is complicated and more likely to be successful with the services of a good immigration attorney, and involves a waiver application and evidence, not a DIY situation in my opinion.  Plus, being married adds further complications so I suggest doing more research and consulting with an experienced US immigration attorney to help you, whether it's for a J2 application (if you qualify), and other options if you wan to try and stay in the US long-term.  Good luck and congratulations on your upcoming marriage!

[kkristynaa 0]

On 11/22/2020 at 9:51 AM, carmel34 said:

Even if your future wife qualifies for a J2 visa, if your J1 category allows it, it would expire when your J1 period of authorized stay ends, and you would both have to leave the US.  J1 and J2 are non-immigrant visas, for a period of temporary stay in the US.  Is your J1 subject to the two-year rule meaning that when it expires, you have to return to your home country for at least two years?  There is a path from J1 to green card, but it is complicated and more likely to be successful with the services of a good immigration attorney, and involves a waiver application and evidence, not a DIY situation in my opinion.  Plus, being married adds further complications so I suggest doing more research and consulting with an experienced US immigration attorney to help you, whether it's for a J2 application (if you qualify), and other options if you wan to try and stay in the US long-term.  Good luck and congratulations on your upcoming marriage!

Yes, that is completely fine. I know the j2 would only last as long as my J1.

 

On 11/21/2020 at 9:25 PM, HRQX said:

You can marry anywhere in the world where it's legal.

That's is exactly the part that I don't understand. Because Czech Republic allows registered partnership, but not gay marriage. Classic marriage and registered partnership for gays differs and my question is if America would look at it as a marriage even though the Czech law does not see it in that way.

[kkristynaa 0]

On 11/22/2020 at 9:51 AM, carmel34 said:

Even if your future wife qualifies for a J2 visa, if your J1 category allows it, it would expire when your J1 period of authorized stay ends, and you would both have to leave the US.  J1 and J2 are non-immigrant visas, for a period of temporary stay in the US.  Is your J1 subject to the two-year rule meaning that when it expires, you have to return to your home country for at least two years?  There is a path from J1 to green card, but it is complicated and more likely to be successful with the services of a good immigration attorney, and involves a waiver application and evidence, not a DIY situation in my opinion.  Plus, being married adds further complications so I suggest doing more research and consulting with an experienced US immigration attorney to help you, whether it's for a J2 application (if you qualify), and other options if you wan to try and stay in the US long-term.  Good luck and congratulations on your upcoming marriage!

I am not a subject to the 2 year rule. My company also usually handles the "transfer" to a green card and I am sure we would figure out something. I will of course tell them about the marriage when it gets to it. Thank you! 

[SusieQQQ 11,586]

18 minutes ago, kkristynaa said:

 

That's is exactly the part that I don't understand. Because Czech Republic allows registered partnership, but not gay marriage. Classic marriage and registered partnership for gays differs and my question is if America would look at it as a marriage even though the Czech law does not see it in that way.

It must be a legal marriage to form a valid derivative relationship for immigration. You would need to find a country that recognizes full marriage between gays to do this. Is it possible she can visit the US in the interim to do it there? Is it fully legal in Slovakia? Can you do it another EU country  easily?

Edited November 23, 2020 by SusieQQQ

[kkristynaa 0]

21 minutes ago, SusieQQQ said:

It must be a legal marriage to form a valid derivative relationship for immigration. You would need to find a country that recognizes full marriage between gays to do this. Is it possible she can visit the US in the interim to do it there? Is it fully legal in Slovakia? Can you do it another EU country  easily?

I was worried about that. The closest country that does gay marriage is Germany, basically all the countries west from Czech Republic do. Slovakia limits gay relationship even more... So that means we don't have to get married in US as long as it is any other country that allows actual gay marriage? I will have to do some research on what would it take to get married in a foreign country.

[SusieQQQ 11,586]

6 minutes ago, kkristynaa said:

I was worried about that. The closest country that does gay marriage is Germany, basically all the countries west from Czech Republic do. Slovakia limits gay relationship even more... So that means we don't have to get married in US as long as it is any other country that allows actual gay marriage? I will have to do some research on what would it take to get married in a foreign country.

Yes, any country in which it is legal is fine. I know some countries have many hoops to jump through for foreigners to get married there so yes you would need to check. I remember some people saying it’s really easy to get married in Gibraltar, so there is one possible option to check in Europe. With the US being good for destination weddings, it is also often easy. Vegas wedding... 

 

edit: FYI.... https://www.nytimes.com/2020/09/15/travel/virus-gibraltar-weddings.html

Edited November 23, 2020 by SusieQQQ

[kkristynaa 0]

19 minutes ago, SusieQQQ said:

Yes, any country in which it is legal is fine. I know some countries have many hoops to jump through for foreigners to get married there so yes you would need to check. I remember some people saying it’s really easy to get married in Gibraltar, so there is one possible option to check in Europe. With the US being good for destination weddings, it is also often easy. Vegas wedding... 

 

edit: FYI.... https://www.nytimes.com/2020/09/15/travel/virus-gibraltar-weddings.html

I would totally not mind having a wedding in the US. I guess at the end we still have to wait for the borders to open again. Then if I am not mistaken, we can get married if she comes on ESTA, right? The only advantage of having a wedding in the EU is that our families could be there.

[SusieQQQ 11,586]

2 minutes ago, kkristynaa said:

I would totally not mind having a wedding in the US. I guess at the end we still have to wait for the borders to open again. Then if I am not mistaken, we can get married if she comes on ESTA, right? The only advantage of having a wedding in the EU is that our families could be there.

Yes, she can come on ESTA, but make sure she has not been in the schengen area or UK/Ireland for 14 days before arrival, even in transit, under the current travel ban (will this work?) Remember she must have a return ticket for ESTA and proof of reasons to return home. If they ask reason for entering she must be honest, and marriage might raise a red flag, but she can just be truthful : it is not legal at home and her spouse to be is here, then she will return home and await visa processing. 

[HRQX 4,145]

3 minutes ago, kkristynaa said:

I guess at the end we still have to wait for the borders to open again.

She can enter sooner. But she'll need to spend 14 days in unrestricted country (e.g. Serbia, Croatia, Turkey, Mexico, Canada, South Korea, etc.) before attempting US entry:

 

[HRQX 4,145]

47 minutes ago, kkristynaa said:

The closest country that does gay marriage is Germany

In Europe, the most straightforward countries for marriage are:

• Gibraltar http://www.visitgibraltar.gi/getting-married
• Iceland https://guidetoiceland.is/history-culture/getting-married-in-iceland
• Denmark https://gettingmarriedindenmark.com/getting-married-in-copenhagen/

[kkristynaa 0]

8 minutes ago, HRQX said:

In Europe, the most straightforward countries for marriage are:

• Gibraltar http://www.visitgibraltar.gi/getting-married
• Iceland https://guidetoiceland.is/history-culture/getting-married-in-iceland
• Denmark https://gettingmarriedindenmark.com/getting-married-in-copenhagen/

Thanks a lot, I will look into it.