S Folinsky

Reaction: This is the first time I've seen someone comment here that a K-1 cannot enter the United States with intent to get married even though that is the precise reason the K-1 was granted. But then, attitudes like yours are dangerous.

Comment: The Immigration & Nationality Act starts off with definitions at section 101. Section 101(a)(15) defines an "immigrant" s "every alien" with exceptions from "(a)" to "(v)." Many of the classifications do have a "residence abroad" provision -- it happens to be quite strong in the visitor [101(a)(15)(B)] classification, but becomes attenuated in the categories that require long term stays in the US.

Section 214(b) simply states a presumption that any alien is presumed to be an "immigrant" unless they fit within one of the statutory exceptions. It simply places the burden of proof on the applicant that she fits within one of the exceptions.

History Lesson: Your post reminds me of the cowboy US Attorney in North Carolina back in the mid 1980's. He indicted the incoming president of AILA [as it was changing its name from AINL, but that's another story] for fraud because he facilitated aliens coming in on "H-1] visas and then turning around and filing a labor certificate application. Dale had the indictment quashed -- with the aid of the former INS! INS stated that there was dispute going on as to the meaning of the law -- but that Dale's [and every other immigration lawyer in the country] was well taken. As an upshot, the 1990 legislation exempted "H" and "L" from 214(b) due to crazy concepts of what was fraud.

Opinion: if you are going to make asinine posts, at least research the issue so you know what the hell you are talking about.

lostlove

Seems Mr Cowboy had all the prerequisites of an idiot.

Noorah101

It seems that way, but then okalian went on to include ANY non-immigrant visa (see bolded text in quote). The K-1 is a non-immigrant visa.

Rene

lostlove

Thanks Rene. I am not the sharpest of readers.

Noorah101

I admit, it was tricky.

okalian

Attitudes like mine are dangerous? I think you need to have a better attitude yourself in regard to responding back to posts like mine. If you have better information, clarification is all what's needed. Otherwise, you're the one who needs to have some more manners, especially if you know "what the hell" you're talking about. I respond back to posts in the utmost respect even when i sense some redicule or irony.

And i SPECIFICALLY indicated the non-immigrant visas i was referring to (F1/J1/B1). K1 wasn't anywhere in my post, so perhaps you need to be more careful and just like spending time with your formatting (comment, observation yadda yadda yadda) I guess you need to spend more time giving the post some time to know what i'm talking about, or atleast the benefit of the doubt if it wasn't clear enough. I was here on F1 before i received my greencard, and I was told by USCIS as well as immigration lawyers about the risk of reentering with F1 visa after marriage and prior to filing for AOS. So trust me, i know "what the hell" I'm talking about specifically when it comes to this scenario.

I seek help just like everyone else and Rene, as always, is very polite at responding to comments like mine. Maybe you can consider her a good example. Otherwise, by all means you're not obliged to respond, and keep your rudeness to yourself.

lostlove

OK:

Remember the K1 is also a non immigrant visa but has an important connotation attached to it. The connotation being that it is for future immigration intent.

Your second para could potentially misguide a reader into thinking that K1 has strictly non immigrant intent.

The culprit is the K1 with its wonderful dual objective. Your F1 is only for study. BTW..are you a doctor already?

S Folinsky

Comment: I have a history here of indicating when something has even a whiff of fraud. However, I have just as much contempt for people who see fraud when there is no hint it exists. You have no idea what the "residence abroad ... with no intention of abandoning" really means. OP indicated in his first post that, for unstated reasons, he wished to preserve his J-1 status. I suggest you read the law and see what the primary purpose of each category is. Why don't you look at the history.

Comment: I of the opinion that is dangerous to spread around false information. I gave an example of the danger of such false information.

Further comment: There is a pro-DIY attitude here. Which is fine and dandy. However, the Nolo Press, the champion of DIY for years never fails to indicate in its guides of when it is time to get a lawyer. If people are going to do DIY, they should have accurate information. Bad information can be dangerous.

Final comment: I do not consider it to be "rude" to say someone is wrong. In fact, I think it is wrong to "keep to myself" calling bad information bad information.

tim101

Thank you so much for all your help, you have really answered a lot of the questions and concerns we had.

FYI: The only reason I wanted to maintain my J1 visa status was because the school I am at is involved with an exchange program and it is quite possible that I would lose my position at the school if I was no longer involved in this program.

As far as getting married while on a J1 visa is concerned. I thought I understood but I am now getting confussed with all the back and forth with everyone.

Can you tell me if we are legally able to marry while I am here on that visa or do I need to apply for a fiance visa in order to get married?

Thanks again

Tim

Rete

Yes, you are legally able to marry while here on a J-1. The banter back and forth has nothing to do with your post.

Noorah101

Yes, you are legally able to marry while you are here on your J-1 visa.

Rene

meauxna

You can legally marry while you are a J-1. One does not need a fiance visa to get married. One needs a fiance visa to get married and immigrate. Visas are obtained only outside the US.

I don't think that is your sole question. What you need to find out is: Can I get married (as a J-1) AND apply to adjust status (immigrate). The questions in your original post were pretty specific.. you should go back to them.

Your particular situation makes me not want to give an answer one way or the other.
Did you speak to the foreign student office at your school, as suggested earlier? They are actually able to counsel you on what immigration processes and forms apply to your specific situation.

Normally it's no big deal for someone to AOS from a J-1 visa, but you've raised a couple of unusual points.
It only costs a couple hundred dollars for a professional consultation, so you can make certain.

The other thing you can do is educate yourself over the next X period of time. Looking back over the thread, your questions are ones you might learn the answers for yourself (about interviews or if your status changes automatically by virtue of being married)... those questions really aren't the ones that will bring you to a conclusion about when to AOS or not, but if you are going to attempt a filing on your own, you should know that information.
You have to either learn it yourself or pay for the education (consultation).

You've got time.

tim101

I have spoken to the advisors at my program and I am able to change my status although when I do I will obvisosly lose my place in the program as I will no longer be a particpant within the excahnge program.

So if I understand correctly, I am legally allowed to marry while on a J1 although it is the changing of my status where I may run into some probelms?

Is there the option to apply for my greencard while still on my J1 and if not is there something I can do to stay in the US while we go through the whole thing?

Im sorry if these questions seem obvious but I just want to get as much information as possible.

Thanks again

Tim

ian-mstm

No problem with respect to US immigration... but perhaps a problem with your school. Personally, I can't believe the school would force you to remain on a J-1 visa - indeed, such action on their part might be illegal.


Yes, you are allowed to apply for a GC while still on your J-1. In fact, you will remain on a J-1 up until the day you receive your GC... and that could take anywhere from 6 months to a year. If you choose to apply for employment authorization (separate from your J-1) then you can work for anyone you want *including* your current employer. But, you're not obligated to apply for such employment authorization.


As long as your J-1 is valid, you can remain in the US... whether or not you file to adjust your status. I suggest that you do not leave the US until you have a GC in your hand - only to avoid any unpleasantries when returning to the US.

Ian

meauxna

You need to clarify this with your program advisors. This sounds like a program requirement & similar to the stories of J-1 nannies who have 'do not get married' written into their contract. Find out specifically what they prohibit and how it impacts you.

You are allowed by US law to get married. Getting married itself does nothing for your immigration status. It IS possible to marry and NOT adjust your status, as you put in your first post.

Adjusting status should not cause you any legal problems. You can confirm this by running your situation past an immigration attorney who specializes in intricate J-1 visas. She will be able to tell *you* if *your* case has anything to be wary of. None of us have seen your paperwork, and wouldn't necessarily recognize a problem if we had.

Yes. The process is called Adjustment of Status to Permanent Residence (AOS). This is different, by the way, from the 'change of status' term you keep using. I don't think you are interested in a 'change' of status.