tim101

Hi, I am new to the site and I am wondering if someone can help me out. I am currently teaching in the US on a J1 visa that is not subject to the two year home residency requirement.

I have been here for almost a year and i have two remaining on my J1 visa. My American GF and I have decided to get married but I dont want to lose my J1 visa status and in turn lose my position at the school i am working at.

Is it possible to get married to my GF in the summer and then wait until my J1 program is almost up in a few years to file the paperwork for the greencard or does this process have to be done as soon as we get married???
Can we stay married in the US without filling out any paperwork and still being able to maintain my J1 status or does my status change automatically??

Also, Can you tell me if it is easier to get married while in the US (i.e. on my J1 visa) or would it be better to get married outside the US when my visa expires?

I have very little knowledge on these matters and we are both very confussed at this point so any help would be greatly appreciated.

Thanks in advance

Tim

okalian

Welcome to BE!

You mentioned your J1 visa doesn't have the 2-year requirement, and as far as I know you can adjust status with your current situation (even if it has the 2 year requirement, there's a waiver for that, FYI). And ofcourse you can choose to delay your adjustment of status after you get married. However, the J1 visa carries a non-immigrant intent. So if you choose to travel and at the Port of Entry (POE) the officer gets winds that you're married to a US citizen, that's enough grounds for your entry to be denied, since such marriage establishes intent to immigrate. And if you're asked and deny being married to a US citizen, it's gonna haunt you down the road. The ONLY advantage that i see if you get married then delay your AOS for 2 years is that you'll likely (no guarantees though) get a 10-year greencard instead of a conditional 2-year card. This will save you the hassle of removing conditions 15 months after getting your conditional greencard.

Since you're not here on visa waiver program, you're eligible to adjust status in the US without having to go overseas. I really have no experience with K1/CR1 and consular processing path (many people here have immense knowledge about out such path) but i went through adjustment of status here and it took me slightly less than a year. If i were you, might as well do it here and be with your wife rather than having to endure the period of separation while you're overseas waiting on your K1 visa or immigrant visa to process.

I hope this help, and I'm sure others will have a much better response than mine.

Rete

That's great news. The no home residency requirement is a huge plus.

Why would you lose your position if you became a US Permanent Resident? The school won't continue to employ you if your J-1 was superceded by a green card?

You may marry your fiancee at any time while you are here in the US legally. And, no, you don't need to file for adjustment of status immediately after the marriage. As long as you are validly in the US, you can hold off adjusting status until the closer to the end of your J-1.

See above. A

Easier here in the US. All you need to do is meet the eligibility requirements for your state or the state in which you wish to marry. Not a biggie. If you chose to marry say in the UK, your USC fiancee needs to get a special visa to do that and you would not be allowed to return to the US with her if your J-1 is expired.

Honestly, the US Immigration rules and regulations can be confusing. However, for marriage-based visas outside of the US and for adjustment of status inside of the US, it is basically straightforward. If you are free of a criminal past, have no communicable diseases and can pass the medical, have the right documentation to prove the validity of your marriage, then it is a fairly easy process.

It would be great if you and your fiancee could have at least a one-time consultation with an immigration attorney. Get as much information by researching, write out a list of questions for the attorney to answer, and you will help clear up any questions and misconceptions you have.

If you adjust status right after marriage you will be able to start the clock towards naturalization that much sooner which is a plus. Also you would have the right to change employers if you wished to. Some of the things you might want to think about.

ian-mstm

This is important only at the time the visa is issued. You are not required to maintain non-immigrant intent for the life of the visa's validity.


Umm... no. See above.


Umm... 21 months.

Ian

S Folinsky

Comment: The Hosseinpour case is perhaps of interest.

meauxna

One thing it might help you to know; Green card status (Permanent Resident status) is more 'powerful' or 'complete' than J-1. Is there a reason you would rather remain a non-immigrant, that you haven't detailed in your post?

Just Jenney

I also recommend that you consult with whatever office at your place of employment issued your DS-2019 to you. If you teach at a university, they should have at least one person on staff who can answer basic questions about the J-1 visa and its regulations. They'll also most likely want to have photocopies of your I-485 application for their records/files.

~ Jenney

lostlove

Tim:

After marriage your USC wife can petition you anytime for the Green Card, regardless of your J1 status - expired or valid. You can also file for the advance parole and EAD to travel and work when your adjustment is pending.

You would be concerned if you overstay your J1 status as you then are a subject of deportation and an eventual ban for unlawful presence. This may not be relevant to you but is a forewarning you should know.

Discuss the pros and cons with a reputed legal counselor. Posters have given you wonderful responses as usual.

S Folinsky

Comment: J visas are weird animals. Not many people really know the ins and outs of them. Quite often, advice from non-experts on J's is not really useful. One of the national mavens on J visas is Bruce Hake at this link. Many lawyers contact Bruce when a J has them scratching their head.

Observation: OP hasn't been back.

tim101

Thank you all so much for all your help I definitely did not expect such a response.

I have absolutely no intention in over staying any visa or anything like that at all. I really do want to get as much info as possible to ensure I am doing things the right way.

If someone could help me with a few more questions that would be great.

1) Is there some type of licence etc.. we need to acquire before getting married or can we just go for it?

2) Once we are married what exactly are we going for? is it the E3 marriage visa or is it just the green card?

3) What type of process do we go through once we fill out the paperwork after marriage? is there some type of heavy interview etc.. and if so do I need to do this in the US or back in my home country??

Thank you all again so much for your help. You have made me feel a lot better and given a solid platform to work from.

I am sorry if the questions seem obvious but we really are quite daunted by the whole thing and just want to make sure everything we do is by the book.

Thanks again everyone

Noorah101

Yes, you need to get a marriage license first. Google how to marry in your state. Some states allow you to marry the same day you get the license, some states have a waiting period.

You'll apply for the green card. It's called "adjustment of status to permanent resident". There is a Wiki Guide on this site which outlines the process.

Submit the paperwork, and then wait for an interview date. Some people get approved without an interview, most couples have to attend an interview at your local USCIS office. Sometimes the interview is "heavy", sometimes very short and easy. The interview will be in the USA, at your local USCIS office, and both you and your wife must attend.

Rene

okalian

Ian,

Are you saying that someone with an F1/J1/B1 visa who is married to a US citizen, has no immigrant intent at the time of entry? And immigration will be okay with that?

Please correct me if I'm wrong, but I always understood that you cannot use a non-immigrant visa to enter the country with an immigrant intent.The reason for entering the US shouldn't be to immigrate, but for a temporary stay.

Thanks for the clarification.

Noorah101

You are correct. Ian is saying that plans can change later.

Rene

tim101

Thank you so much. Do you have an idea of the types of questions they may ask in the interview and do they interview other people, parents, workmates, boss etc? (probably a silly question but we just have no idea)

Thanks again for your time.

Tim

Noorah101

They verify everything on the I-485, and they ask questions to verify that your marriage is bonafide. Usually, the couple is interviewed together in the same room at the same time, but sometimes a "Stokes interview" is done, where the couple is separated and each interviewed separately. There are a couple of USCIS offices (ok, maybe just one) that does this regularly as the norm, but otherwise it's rare to have a Stokes interview unless the officer suspects fraud.

To my knowledge they don't interview other people, but the officer has the right to do so if he/she wants or feels is necessary. I've never seen that happen at an AOS interview here on this forum.

They collect evidence of your joint life together, so bring originals and a photocopy of your evidence. Give the officer the photocopies to put in your file.

Our AOS interview (from a K-1 visa) was about 20 minutes long, but I think that's because we had to use an interpreter, which doubled the talking time. The Officer verified info on the I-485 and then asked us how we met, verified some background data on me (the USC, I'd been married to two other Iranians before), just some basic easy to answer questions. She asked Sadegh if he was working (yes), but no other details about his job. She collected our evidence, his I-94, AP, and EAD, and approved him. The interview was recorded on video. I'd actually love to see that video sometime!

Rene