Mark

Hi,

I am an Australian citizen, have a PhD and should be going to the US on
a J1 visa for a postdoc later this year. Hopefully there won't a problem
there!!

However, the problem is with my girlfriend. I met her in Kenya earlier
this year, and would like her to be able to visit me in the US. If
things go well, I'll be interested in marrying her.

Will I be able to get her to visit me in the US though?

One option would be a tourist visa for visiting a friend in the US. She
isn't highly educated and doesn't have solid finances herself, but I'll
be happy to sponsor her visit and completely support her in the US.
Would this be possible given that I will be on a J1 visa myself (ie, a
legal alien but not a US citizen)?

Would a tourist visa be the only option, or are there others? I know
that it is a lot more complicated since she is in Kenya rather than in
Australia.

Would there be any problem with her coming over on a tourist visa
sponsored by me and then us getting married while she is visiting on the
tourist visa?

If we do get married while she is visiting, would she be able to stay as
my spouse (ie, J2 visa) or would she have to return and then apply for
the J2 from Kenya?

Any help would be very appreciated.

Mark

Jozef

"Mark" <[email protected]> wrote in message
news:[email protected]...
    > Would a tourist visa be the only option, or are there others? I know that
    > it is a lot more complicated since she is in Kenya rather than in
    > Australia.

A B-2 will do perfectly.
She should be ready to prove solid ties to her home country though.

    > Would there be any problem with her coming over on a tourist visa
    > sponsored by me and then us getting married while she is visiting on the
    > tourist visa?

No. Wanting to get married to a non-immigrant in the US is a solid reason
for applying for a B-2 visa.

    > If we do get married while she is visiting, would she be able to stay as
    > my spouse (ie, J2 visa) or would she have to return and then apply for the
    > J2 from Kenya?

She does not have to return to Kenya. After getting married, she should file
an I-539 to have her status changed from B-2 to J-2.

Jozef

Mark

Jozef wrote:
    > "Mark" <[email protected]> wrote in message
    > news:[email protected]...
    >
    >>Would a tourist visa be the only option, or are there others? I know that
    >>it is a lot more complicated since she is in Kenya rather than in
    >>Australia.
    >
    >
    > A B-2 will do perfectly.
    > She should be ready to prove solid ties to her home country though.
    >

Any advice on what sort of evidence would convince them?

    >
    >>Would there be any problem with her coming over on a tourist visa
    >>sponsored by me and then us getting married while she is visiting on the
    >>tourist visa?
    >
    >
    > No. Wanting to get married to a non-immigrant in the US is a solid reason
    > for applying for a B-2 visa.
    >

Does this mean it would be okay to mention this on the visa? Even giving
it as the main reason for her going to the US? Of course, marrying a
non-immigrant means that even though you are going to the US, you are
not intending to stay there permanently as your future is tied to the
person with the J1.

    >
    >>If we do get married while she is visiting, would she be able to stay as
    >>my spouse (ie, J2 visa) or would she have to return and then apply for the
    >>J2 from Kenya?
    >
    >
    > She does not have to return to Kenya. After getting married, she should file
    > an I-539 to have her status changed from B-2 to J-2.
    >
    > Jozef
    >
    >
    >

Thanks Jozef. You have given me a lot more hope that things will work
out without too much difficulty. Cheers, Mark.

Jozef

"Mark" <[email protected]> wrote in message
news:[email protected]...
    > Jozef wrote:
    >> "Mark" <[email protected]> wrote in message
    >> news:[email protected]...
    >>>Would a tourist visa be the only option, or are there others? I know that
    >>>it is a lot more complicated since she is in Kenya rather than in
    >>>Australia.
    >> A B-2 will do perfectly.
    >> She should be ready to prove solid ties to her home country though.
    > Any advice on what sort of evidence would convince them?

The usual: a job or job offer, family, assets, school enrollment...

    >>>Would there be any problem with her coming over on a tourist visa
    >>>sponsored by me and then us getting married while she is visiting on the
    >>>tourist visa?
    >> No. Wanting to get married to a non-immigrant in the US is a solid reason
    >> for applying for a B-2 visa.
    > Does this mean it would be okay to mention this on the visa? Even giving
    > it as the main reason for her going to the US? Of course, marrying a
    > non-immigrant means that even though you are going to the US, you are not
    > intending to stay there permanently as your future is tied to the person
    > with the J1.
    >>>If we do get married while she is visiting, would she be able to stay as
    >>>my spouse (ie, J2 visa) or would she have to return and then apply for
    >>>the J2 from Kenya?
    >> She does not have to return to Kenya. After getting married, she should
    >> file an I-539 to have her status changed from B-2 to J-2.
    >> Jozef
    > Thanks Jozef. You have given me a lot more hope that things will work out
    > without too much difficulty. Cheers, Mark.

Jozef

"Mark" <[email protected]> wrote in message
news:[email protected]...
    >> A B-2 will do perfectly.
    >> She should be ready to prove solid ties to her home country though.
    > Any advice on what sort of evidence would convince them?

The usual: a job or job offer, family, assets, school enrollment...

    >> No. Wanting to get married to a non-immigrant in the US is a solid reason
    >> for applying for a B-2 visa.
    > Does this mean it would be okay to mention this on the visa? Even giving
    > it as the main reason for her going to the US? Of course, marrying a
    > non-immigrant means that even though you are going to the US, you are not
    > intending to stay there permanently as your future is tied to the person
    > with the J1.

Exactly. That's why there's no harm in mentioning that - on the contrary.

    >>>If we do get married while she is visiting, would she be able to stay as
    >>>my spouse (ie, J2 visa) or would she have to return and then apply for
    >>>the J2 from Kenya?
    >> She does not have to return to Kenya. After getting married, she should
    >> file an I-539 to have her status changed from B-2 to J-2.
    > Thanks Jozef. You have given me a lot more hope that things will work out
    > without too much difficulty. Cheers, Mark.

Hope everything goes well for you. There is no guarantees when it comes to
immigration matters though...

Jozef