Teacher with J1 visa

[Katherine Avalos 2]

Hello. Could anyone insight me with any information on my case? I am from Peru and I have been working as a teacher under a J1 visa and I'm on my 4th year. My visa is valid for 3 years and 2 years of extension (this is my first year of extension, which means I have one more year until my program ends - June 30th 2026). I am subject to 212(e) - two-year home country physical presence requirement according to my DS-2019. However, I’ve just checked the list of countries that are required to come back to their home countries and mine is not in that list anymore.

My fiancé and I have plans of getting married, but are wondering the following:

• If we get married this year (2025), can I still work under my J1 visa until June 2026? Or would I be violating some kind of rule?
• When would it be best to get married as I would like to still keep my job?
• Do I need a waiver?

Thank you

[OldUser 7,317]

This question deserves an analysis by lawyer.

 

I would say the rules under which you got J-1 still apply to you. But I'm not a lawyer though.

[SalishSea 18,083]

Does your visa itself say you’re subject to the two year rule?

 

I agree with Olduser, a lawyer consultation is warranted here.   Also @appleblossom may know. 

[Family 4,152]

1. You can marry now and keep working . 

 

2. Your job cannot require you to stay celibate or fire you if you marry ( 😂 light humor)

 

3. Yes you need waiver ..and hardship to USC spouse brings that home . No Objection would be nice too. You will have a busy year .
 

If you think otherwise then request an advisory opinion , see instructions in the links.
Gave you 3 : DOS, a University, random internet attorney.

 

 

 

If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State, Waiver Review Division conduct an Advisory Opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine whether you are subject to this requirement

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html

 

 

If you are unsure whether you are subject to Section 212(e), check your J-1 visa stamp and/or copies of your Form DS-2019. You should review all of your J-1 visas and DS-2019 forms since may they reflect different information at different stages of your J-1 program. If you were subject at any time, the requirement applies to you even if later visas and DS-2019 forms indicate that you are not subject.

 

https://icenter.tufts.edu/immigration/j1-requirements/212e-requirement/#:~:text=Advisory Opinions and Waivers for,guidelines for more information.
 

 

 

https://www.lawfirm4immigrants.com/j1-visa-to-green-cards-through-marriage/

Edited January 6 by Family

[Katherine Avalos 2]

Thank you everyone for the information.

[appleblossom 2,964]

18 hours ago, SalishSea said:

Also @appleblossom may know. 

 

Love your faith in me but I’m sorry, I had no idea - looks like @Family did though. Gotta love VJ as there’s always somebody with the right knowledge out there!

[Boiler 45,948]

Never say never but I have yet to see a Teacher subject to 2yrHRR.

 

I have seen cases where someone was mistaking made subject and vice versa.

 

I wish I could remember where I saw it, one of my local TV Stations, but they covered a school in NE Colorado, in the boonies and not many teachers, a lady maths teacher from PI came over and they followed her, she ended up marrying a USC and adjusting.