slingard74

I am about to begin the third and final year on my J1 visa and plan to marry my US Fiancee.
My J1 visa does not have the 2 year residence requirement.

Spoke to USCIS and received the following info.

US fiancee must file the following:
I130 Relative Petition $185
G325a Biographic Information
I864 Affidavit of Support

At the same time I was told to file the following:
I485 Adjustment of status $315 plus $70 for fingerprints
2 G325a Biographical sheets
I693 Medical Examinations
I765 Work Authorization $175

The customer service representative mentioned this procedure applies if you marry in the US.

My questions are as follows.
Can anyone validate the above information if they have already followed this procedure?
Do I have to get married in the US or can I not return to the UK for say a 2 week holiday, marry and then return while still holding a J1 Visa and subsequently follow the procedure outline above.

regards
Steven

Noorah101

Hi Steven,

Those forms are all filed together, once you are married here in the USA. The USC *fiancee* can't file them, it has to be a USC *spouse*.

I didn't quite follow the last part of your question...are you asking if you and your USC fiancee can go to the UK together, marry there, return to the USA and then submit all the paperwork? If so, I actually don't know the answer to that, but I'd think it's much easier to do if you marry here in the USA.

Best Wishes,
Rene

Seanus

Hi Steven,

I am also on a J1 one and planning to marry a USC. I have asked and found answers to many of the questions that u are asking on this site. Try looking at all my previous posts, I'm sure they'll help u out.

I see no porblem with you going back to the UK and then returning to the US, ultimately u would need to have a valid visa for re-entry which u would have (J1), then when u return u file all the paperwork as you mentioned and adjust your status.

~Sean~

Seanus

Reneeeee.... I'm sure he could leave the US and return no matter for what reason, as long as his visa is valid still upon his return. I do also know that he would need to get his DS2019 validated by his program sponsor before he leaves to travel outside of the US and for re-entry purposes

~S~

Noorah101

Hi Sean,

Just raises a question for me...if they get married in the UK, can they then file in the USA with no problems? When it comes time for the interview, he won't have to return to the UK for that, right? Having a UK marriage certificate won't be a problem?

Rene

Seanus

I see your point... but surely if he was here legally (on his J1), and would come back on his J1, then it shouldnt make a difference where the marriage certificate is from, just as long as its recognized by US law which it would be.
I don't know where one would find the answer to that, so maybe one of these 'legal peeps' on here can clarify

slingard74

OK so need to get married before filing forms. As for the second question. Your assumption is correct. I am hoping to marry in the Uk and then simply return to the US while still holding the J1 visa and then file the same paperwork.. Just wanted to see if this was possible.

slingard74

Hi Sean

Thanks for the speedy reply.

I guess I need to see an immigration lawyer to clarify the possibility of marrying in the UK. Another point you may help me with, is the whole timescale issue. I have almost an exact year before my visa expires.
What do you recommend my course of action be particularly as I want to see out my working contract under the J1 Visa. I am a teacher and my teaching position would end on the 3rd June. The visa expires on the 30th June 2006.

Kind Regards
Steven

andrea874

There is a problem with going to the UK to get married, and then coming back on your J1 and adjusting... that being that a J1 isn't an immigrant visa. If you do that, you'd be entering on a non-immigrant visa, with immigrant intent... which is a no-no.

Noorah101

Once you marry, you'll file your AOS and EAD paperwork together. If you don't receive the EAD within 90 days, you can go to your local office and get an interim one, so pretty much the most you'll be out of a work authorization is 90 days. Your biometrics appointment comes into play here, too, but in general...at the most you're probably looking at around 3 months to receive the EAD.

Hope that helps...
Rene

Noorah101

The reason I'm mentioning the "marry in the UK" issue, is that I thought that would lead to a different immigration route - the I-130 route resulting in an interview in the UK, as opposed to being able to AOS here in the USA.

Of course, I could be totally off-base, but I suggest looking into it just to make sure it's do-able. I'd hate for you to have a wonderful UK wedding and then not be able to proceed the way you want after that.

Rene

Seanus

Steven, unfortunately for people like us holding J1 visas... well they are said to be the most complicated of all the visa types.

Talking to a GOOD Immigration lawyer would be a positive way to go re: marrying in the UK and then returning to the US.

I don't think that there would be a problem in seeing out your working contract on your J1 once married. Once again, another one for a lawyer to answer with accuracy. You might still need to apply for EAD once you married and have filed your AOS papers, I think you can conitnue working for the same employer during the application and approval of the EAD.
>>>> Like i said, best to ask a lawyer.... and best of luck too

~S~

Noorah101

After I wrote this, I thought I would mention that you don't HAVE to file them together. You can wait to file for the EAD further along, if you can continue working on your J1 visa instead, and apply for the EAD several months before your J1 runs out.

As Sean said, good questions for a competent immigration attorney. If you go in armed with all your specific questions and a good knowledge of what options to expect, sometimes all you need is the 1-time consultation which isn't that expensive.

Rene

slingard74

Both Rene and Sean, thankyou very much for your input. I now have a clearer understanding of when to file documents and some focused questions for the attorney. I'll let you know what the decision is on the marrying in the UK or US after speaking to the attorney.

steven

USimmigrant

Slingard it's also depends on what u want to do my friend. I have known so many people that got false information from an attorney and were very upset about the situation and lost a lot of money.
Good luck in any way u take and plz be careful on choosing an attorney