J1-visa to greencard via marriage

[Atham 0]

Hello,

 

My fiancee (US citizen) and I (Australian/EU citizen) are planning to move to the US next year from the UK.

 

We will be getting married in April. I am applying for a job that will start in June and will give a J1 sponsor visa in medical research (no post-graduate training), and my fiancee is also applying for a job in the US. Our goal is for me to get a greencard that would require us to not have to leave the US.

 

My question is if by taking the J1 visa, I would be subject to the 212 e rule and have to return to country of origin for 2 years. From my understanding, both of my citizenship countries are above 9K and 15K median GDP per capita requirement and not on the skills page.

I want to know if it is possible to go J1 visa, then do adjustment of status via I-130 and I-485. My only concern is that the J1 is a non-immigrant visa, and given that I would be married to a US citizen prior to applying/entering country, I may run into trouble in the future.

 

The alternative would be to apply for DCF through the UK.

 

Please let me know if my thinking is correct.

[OldUser 6,976]

Why bother with J-1 if you have a clear DCF or CR-1 visa route?

Besides, you know that your immigration plan is inconsistent with J-1. You cannot plan on getting J-1 to actually adjust and live in the US.

 

Why not marry ASAP (small civil wedding), go either DCF or CR-1 route and then have a bigger wedding celebration before you move to the US?

 

 

[Atham 0]

Our original plan was DCF once she got a job as we would need a co-sponsor. However, I got an interview I did not think I would get and now we are planning how we could go about things.

 

My main question is during the J1 visa, will there be any issues given that I will be married to a US citizen by then.

 

And secondly, would there be an issue in adjusting for status lets say a year or two down the line?

Edited Tuesday at 01:26 AM by Atham

[OldUser 6,976]

23 minutes ago, Atham said:

My main question is during the J1 visa, will there be any issues given that I will be married to a US citizen by then.

There's a great chance your J-1 won't be approved once the DOS learns you're married to a US citizen. And you have to disclose it in application for visa.

 

The most straightforward route is to marry ASAP and file I-130 for immigrant visa. You unlikely going to move in 2025, but hopefully in 2026-2027. Unless your spouse qualifies for DCF and embassy agrees to do it.

 

Edited Tuesday at 01:47 AM by OldUser