J1 with 2yr HRR switching to K type visa?

[Ruslyn 0]

Hi! I'm not sure to post here or under the K1/2 post. I'd appreciate any insight on my situation.

I am holding a J1 visa with the 2-yr home residency requirement (HRR) attached. My boyfriend, a US citizen, and I want to get married:

1. Do I need any official approval or any permission simply to get married to him within the U.S.? In other words, can I simply marry to a U.S. citizen while still on my J1 with 2yr-HRR?

2. Assuming I can and do get married to a U.S. citizen while still on my J1 with 2yr-HRR, what sort of visa should I go for after that? It gets a bit confusing for me: I'm now holding the J1 and studying in a graduate program in a university in the U.S. My J1 sponsorship actually ends in Aug 2007. But because my graduate program (Ph.D.) won't be done so soon, I'd have to switch to a regular F-1. But now that my boyfriend (U.S. citizen) and I want to get married, what should I do? [i understand that 2yr-HRR can't get waived simply because of marriage to a U.S. citizen. That's fine with us, actually. We're actually prepared to fulfill the 2yr-HRR.]

Hope someone has some pointers. Thank you very much!

[YuAndDan 153]

General information regarding J-1 visa: Some J-type visas have a 2-year home residency requirement (2-yr

HRR). Anyone who is considering marriage on a J-visa needs to confirm whether they are subject to the HRR.

If the J-1 visa holder IS subject to the 2-yr HRR, he/she needs to obtain a waiver prior to marriage.

THIS URL lists the 3 bases for J-1 holders being subject to the two-year HRR requirement, and the 4 methods

of getting a waiver. Actually, there is a 5th method for physicians, the "Conrad State 20" method based on job

commitments in areas in which there is a shortage of health care professionals. The government-funding base

for the 2-year obligation could apply to a citizen of any country. The skills-list base for the 2-year obligation only

applies to citizens or residents of certain countries. There is a link to the skills list on the State Department

website. The graduate medical education base for the 2-year obligation could apply to a citizen of any country.

Marriage to a U.S. citizen is not relevant to any of the 4 methods of getting a waiver, except perhaps

exceptional hardship. Exceptional hardship has to be really extreme, not just a lack of employment

opportunities, or problems in adjusting, for the U.S. citizen spouse, It is recommended that one hire an attorney

in order to obtain a waiver.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Also look here about waivers:

http://216.239.51.104/u/CornellUniversityI...=1&ie=UTF-8

[MPGGPM 0]

1. Do I need any official approval or any permission simply to get married to him within the U.S.? In other words, can I simply marry to a U.S. citizen while still on my J1 with 2yr-HRR?

Yes. I married my wife while she was on her J-1. There was no problem doing so and no we did not have to get special permission. (I assume that you have been in the USA a while though, and didn't just enter? My wife had been here nearly 10 years at the time. Doing so shortly after arriving on a student visa might cause a problem.)

2. Assuming I can and do get married to a U.S. citizen while still on my J1 with 2yr-HRR, what sort of visa should I go for after that? It gets a bit confusing for me: I'm now holding the J1 and studying in a graduate program in a university in the U.S. My J1 sponsorship actually ends in Aug 2007. But because my graduate program (Ph.D.) won't be done so soon, I'd have to switch to a regular F-1. But now that my boyfriend (U.S. citizen) and I want to get married, what should I do? [i understand that 2yr-HRR can't get waived simply because of marriage to a U.S. citizen. That's fine with us, actually. We're actually prepared to fulfill the 2yr-HRR.]

The tricky part is when you try to get an F-1. You'll have to leave the US to get one. If at the time, he then becomes your husband since you are planning to marry him while still on your J-1, getting that F-1 might be tough. You'd then have to disclose that you have an American husband. And just that fact alone will make getting that F-1 much more difficult (but not impossible.). You're going to have to convince them that even though you are married to an American, you still intend to return and will not remain in the USA. That is not an easy thing to do. You have to be prepared for the fact that they may not give it to you, and then you will have to remain abroad and can't come back until you apply for and get either a K-3 visa or he files an I-130 from the USA. (waiting to do even that, when your 2 years are nearly up)

Of course if you are subject to the 2 year HRR, even if you wanted to stay in the USA, with that you'd have to go back to your home country anyhow.

I think that unless you are prepared to be separated for a while, you should first try and apply for the waiver. You might get one and then you would not HAVE to leave. You could adjust your status here in the USA, and just continue your studies when you become a permanent resident. You may not even have to interrupt your studies. (speak to your international student advisor about that)

If you don't get the waiver (or decide not to try for one), then you will have to go back to your home country. You could still apply and get an F-1 to continue your studies, but as I have written, the fact you are married to an American will make that tough. And if you don't get it, you will have no way to come back to the USA for 2 years (other than applying for another non-immigrant visa, like a tourist visa, which will be as difficult as the F-1 because you are married).

You are in a tough situation due to your circumstances and your 2 year HRR. You are very much like the position my wife was in when I married her. But then again, there is hope that you can still get that F-1 visa etc.....even when serving your 2 years abroad. It is just difficult simply due to the fact you are marrying a US citizen. Life becomes much tougher in your situation just for that fact alone.

Also, If you go back to serve your time abroad (like my wife is doing now, and is in the final stages of serving her 2 year HRR) rather than apply for a waiver, after your first year or so, you can begin the process of the I-130 and even apply for a k-3 . You can try to time it so that the embassy/consulate will recieve it right around the time that your 2 year ends and have your interview .

I wish you luck. It is not an easy position to be in. I speak from experience.............

[Ruslyn 0]

Dear MPGGPM

Thanks for the responses. They're helpful. Any more thoughts on my replies to your reponses? Thanks!

I entered the U.S. on the J-1 in Aug 2005. This is my second year on the J-1, and it expires in Aug 2007. So that shouldn't count as too soon after entering.

What if I switch to an F-1 PIOR to getting married to him (instead of getting married while on the J1)? I understand that we may have to hold off the marriage for a while if that's the case? What's the rule of thumb?

Also, if I try a waiver for the 2-year HRR, what sort of hardship to the U.S citizen spouse would qualify?

Thank you!

[MPGGPM 0]

Dear MPGGPM

Thanks for the responses. They're helpful. Any more thoughts on my replies to your reponses? Thanks!

I entered the U.S. on the J-1 in Aug 2005. This is my second year on the J-1, and it expires in Aug 2007. So that shouldn't count as too soon after entering.

What if I switch to an F-1 PIOR to getting married to him (instead of getting married while on the J1)? I understand that we may have to hold off the marriage for a while if that's the case? What's the rule of thumb?

Also, if I try a waiver for the 2-year HRR, what sort of hardship to the U.S citizen spouse would qualify?

Thank you!

I definately think it would be easier to get the F-1 if you were "not" married. You'll have to decide whether that means postponing your marriage as you say.

I have heard of someone in nearly the same position as you recieving an F-1, even though married. But, obviously, that is rare, and chances are that if you marry prior to applying for the F-1, odds are against you getting it just because of the fact that you'd be married to a US citizen. Strange as it may seem...that's just the way things are and is how the consulate will look at it when you apply.

My wife and I never applied for a waiver. We thought about it, weighed our options, and due to all the other factor involved in our case, we decided it best she go back to serve her 2 years. Tough decision.....but that's how it worked out in the end.

So, when it comes to applying for a waiver, I could not tell you that much because I don't have any experience in that area. You could search on the web. There's a lot of info there. Every once in a while I check out the website "Immigrationportal.com". There is a section there devoted to J-1. There is a lot of talk there about waivers (you could consider posting there as well). It is helpful to those applying for a waiver.....and not as much for those doing their 2 years as my wife and I are. It seems rare to find actual experience from anyone who actually served or knew someone who did serve their 2 years abroad. Since I have been on this forum , I have only seen one other case of a person whose spouse served the 2 years abroad. (but thankfully...and it was quite helpful.....that case had a very positive outcome.)

Finally, if you look at the link from the reply from "Yu and Dan".....you will see and read that it is not so much the "marrying" so soon after entering on a student visa that USCIS frowns on, but the actual "adjusting of status". So, even if you married on the F-1....it won't be a problem.

Still....as skeptical as I am at times....were it my wife and I in your case, I would probably wait anyhow a few extra months after you entered on the F-1, just to be safe.

Edited October 15, 2006 by MPGGPM

[K3_IR 0]

Hi! I'm not sure to post here or under the K1/2 post. I'd appreciate any insight on my situation.

I am holding a J1 visa with the 2-yr home residency requirement (HRR) attached. My boyfriend, a US citizen, and I want to get married:

1. Do I need any official approval or any permission simply to get married to him within the U.S.? In other words, can I simply marry to a U.S. citizen while still on my J1 with 2yr-HRR?

2. Assuming I can and do get married to a U.S. citizen while still on my J1 with 2yr-HRR, what sort of visa should I go for after that? It gets a bit confusing for me: I'm now holding the J1 and studying in a graduate program in a university in the U.S. My J1 sponsorship actually ends in Aug 2007. But because my graduate program (Ph.D.) won't be done so soon, I'd have to switch to a regular F-1. But now that my boyfriend (U.S. citizen) and I want to get married, what should I do? [i understand that 2yr-HRR can't get waived simply because of marriage to a U.S. citizen. That's fine with us, actually. We're actually prepared to fulfill the 2yr-HRR.]

Hope someone has some pointers. Thank you very much!

Hi!

I was on a J1 visa from 2002-2004. My husband and I got married in 2004 and I went back to my home country in 2004 to serve the 2 yr HRR. My scholarship clearly stated that I can not ask for a waiver for the 2YHRR.

I applied for a tourist visa in September 2005 and got approved (eventhough I've read in several posts that it is hard to get one). I told the consular officer that I am going to visit my husband (which is true) and I have properties (house and lot, car, permanent job) as proof of economic ties to my country.

The officer asked me during the interview if an immigrant petition has been filed in my behalf. I said not yet at that time because I want to satisfy the 2YHRR first.

My husband filed the I130 this March 2006 and the I129F (for the K3) in April. Given the time frame that the K3 or the IR interview will be scheduled, my husband and I decided that I should renew my tourist visa so I can visit him again this October for another 4 weeks.

During the interview, the consular officer remarked that I have shown a very good record (I visited the US twice for 4-6 weeks each time) and that he has no reason to disapprove my application. He even commented that finally, I am done with my 2yHRR. Yey!

And so again, I got my tourist visa.

The very next day though, I received the interview schedule for my K3 visa. Wow! We did not expect this. We thought the interview will be around January 2007. And so, my husband and I decided to just go for the K3 instead of using the tourist visa to enter the US.

In hindsight, since we have decided that I will serve the 2yHRR anyway, we should have filed the I-130 and the K3 right after we got married. That way, we have started the ball rolling.

I've read in one post that the consular officer will just issue a visa (either the IR or the K3) valid effective the time you are done with the 2YHRR.

Another friend of mine, also a J1 visa holder (waiver not allowed), applied for an IR visa (based on employment; his wife is a nurse) 2 months before he satisfied the 2yHRR. He told me that the consular officer waived the 2 months since he was very close to satisfying it.

This is our experience. It sucks to be apart for 2 years. But, you know, that's just how it is..My husband and I visit each other every 6 months and looking forward to be together for good before the year ends (crossing fingers about the K3 visa interview).

I hope my story will help you in any way...

Kr_IR

[MPGGPM 0]

Hi! I'm not sure to post here or under the K1/2 post. I'd appreciate any insight on my situation.

I am holding a J1 visa with the 2-yr home residency requirement (HRR) attached. My boyfriend, a US citizen, and I want to get married:

1. Do I need any official approval or any permission simply to get married to him within the U.S.? In other words, can I simply marry to a U.S. citizen while still on my J1 with 2yr-HRR?

2. Assuming I can and do get married to a U.S. citizen while still on my J1 with 2yr-HRR, what sort of visa should I go for after that? It gets a bit confusing for me: I'm now holding the J1 and studying in a graduate program in a university in the U.S. My J1 sponsorship actually ends in Aug 2007. But because my graduate program (Ph.D.) won't be done so soon, I'd have to switch to a regular F-1. But now that my boyfriend (U.S. citizen) and I want to get married, what should I do? [i understand that 2yr-HRR can't get waived simply because of marriage to a U.S. citizen. That's fine with us, actually. We're actually prepared to fulfill the 2yr-HRR.]

Hope someone has some pointers. Thank you very much!

Hi!

I was on a J1 visa from 2002-2004. My husband and I got married in 2004 and I went back to my home country in 2004 to serve the 2 yr HRR. My scholarship clearly stated that I can not ask for a waiver for the 2YHRR.

I applied for a tourist visa in September 2005 and got approved (eventhough I've read in several posts that it is hard to get one). I told the consular officer that I am going to visit my husband (which is true) and I have properties (house and lot, car, permanent job) as proof of economic ties to my country.

The officer asked me during the interview if an immigrant petition has been filed in my behalf. I said not yet at that time because I want to satisfy the 2YHRR first.

My husband filed the I130 this March 2006 and the I129F (for the K3) in April. Given the time frame that the K3 or the IR interview will be scheduled, my husband and I decided that I should renew my tourist visa so I can visit him again this October for another 4 weeks.

During the interview, the consular officer remarked that I have shown a very good record (I visited the US twice for 4-6 weeks each time) and that he has no reason to disapprove my application. He even commented that finally, I am done with my 2yHRR. Yey!

And so again, I got my tourist visa.

The very next day though, I received the interview schedule for my K3 visa. Wow! We did not expect this. We thought the interview will be around January 2007. And so, my husband and I decided to just go for the K3 instead of using the tourist visa to enter the US.

In hindsight, since we have decided that I will serve the 2yHRR anyway, we should have filed the I-130 and the K3 right after we got married. That way, we have started the ball rolling.

I've read in one post that the consular officer will just issue a visa (either the IR or the K3) valid effective the time you are done with the 2YHRR.

Another friend of mine, also a J1 visa holder (waiver not allowed), applied for an IR visa (based on employment; his wife is a nurse) 2 months before he satisfied the 2yHRR. He told me that the consular officer waived the 2 months since he was very close to satisfying it.

This is our experience. It sucks to be apart for 2 years. But, you know, that's just how it is..My husband and I visit each other every 6 months and looking forward to be together for good before the year ends (crossing fingers about the K3 visa interview).

I hope my story will help you in any way...

Kr_IR

That was an interesting post and I wanted to ask you about one part of it.

You wrote that a friend of yours applied for the IR visa 2 months before his 2 year HRR was up. I am confused about that part. Did you mean that he had his "interview" 2 months before his 2 year HRR was up? Because if he applied 2 months before it was up, I would think that it would have taken longer than 2 months to process (unless he filed directly at the consulate/embassy?)

The good news is that he was allowed to attend the interview, and was even lucky enough to get his visa 2 months early.

I can only hope my wife will be as fortunate.

A few months ago, there was a post from a gentleman whose wife was from Russia and who had married him on a j-1, went back to do her 2 year HRR, and was given an interview 5 months before her 2 year HRR was up. She got the visa as well.

Some people have been pretty darn lucky......and I only hope that luck lasts for just one more interview

[K3_IR 0]

That was an interesting post and I wanted to ask you about one part of it.

You wrote that a friend of yours applied for the IR visa 2 months before his 2 year HRR was up. I am confused about that part. Did you mean that he had his "interview" 2 months before his 2 year HRR was up? Because if he applied 2 months before it was up, I would think that it would have taken longer than 2 months to process (unless he filed directly at the consulate/embassy?)

__

Sorry for the confusion. He had his interview 2 months before his 2YHRR was up. Which implies that his petition was filed way before that. You are right. It takes more than 2 months to process the employment-based petition (even if expedited) right?

__

The good news is that he was allowed to attend the interview, and was even lucky enough to get his visa 2 months early.

I can only hope my wife will be as fortunate.

A few months ago, there was a post from a gentleman whose wife was from Russia and who had married him on a j-1, went back to do her 2 year HRR, and was given an interview 5 months before her 2 year HRR was up. She got the visa as well.

___

Darn! I knew we should have filed the petition sooner...Duh! Anyway, everything happens for a reason...

Some people have been pretty darn lucky......and I only hope that luck lasts for just one more interview

___

Amen to that..