jeheardy8

Hi all,

I am due to graduate from university in June 2013.

I have just got back from spending June - September in NYC on a J-1 Visa.

I have an American girlfriend - we have been together for a total of 4 years.

We are in the position of our relationship where marriage would be an option for sure.

Ideally, I would go out on a 12 month J-1 Visa and then marry her during the 12 months and apply for adjustment of status.

Does anybody have any input or advice on how I should approach this? Visa's? Getting married whilst out there etc…

Thank you all in advance.

crg

It's unlawful to seek entry as a J-1 with the intention of seeking adjustment of status.

jeheardy8

Thank you for the reply, I am aware of that.

Do you have any advice then?

If I was to go out on a J1 with no intention of getting married - we could still do this if it came down to it right?

md95065

This is absolutely correct.

If, on the other hand, you are not yet absolutely sure that you want to get married and feel that you really need that extra 12 months to make up your mind it would not be a problem to plan on spending time in the US on a J-1 visa.

Getting married in the US is also not a problem.

The only problem is entering the US with a non-immigrant visa and the intention of adjusting status while in the US. Don't do that ...

md95065

Getting married isn't the problem - you can even enter the US under the VWP and get married.

The problem is entering the US as a non-immigrant with the intention of staying in the US and adjusting status.

It's OK to enter the US without that intention and change your mind later - it's just hard to prove ...

jeheardy8

Ok, I understand what you are saying.

Is there any way to prove that you didn't enter with intentions?

Or, are you aware of a J1 visa that enables a UK (english) graduate to enter states for 12 months?

DavidLemon

I don't know how it's possible to demonstrate no intent. Especially when there is obviously intent.

I got married in the US on the VWP. However I went home afterwards. I'm now back in the US with my wife and now two children doing the process properly. That shows no intent.

Noorah101

Wouldn't that just depend on the nature of the J-1 work/program? You'll have to research how to qualify and obtain the J-1 visa, and then let the employer know you only wish to work 1 year. Maybe they'll accept that?

Or, since you admit that marriage is an option right now, just get married and do an Immigrant Visa! That's by far the best option.

Rene

jeheardy8

David,

So you entered on the VWP, married, and left back for your home country?

Would you mind elaborating a little on this please? What did you have to do between the time you left for the UK and the time you went back to the US.

How long did you spend in the UK?

Cheers, greatly appreciate your input

Noorah101

I imagine he applied for an Immigrant Visa.

If his case went according to the norm, he would have spent about 8 to 10 months back in the UK, going through the Immigrant Visa process.

It's perfectly legal to marry in the USA on the VWP. You cannot have the intent to remain after marriage and adjust status.

Rene

jeheardy8

Rene,

I appreciate your honest help.

So you say get married and do an immigrant visa - what would that involve? Leaving the US and then applying for an immigrant visa from the UK? Which would be the immigrant visa?

Sorry, I am just so overwhelmed with all of the complexities - hence why I am here seeking resourceful people such as yourself.

Thank you

Noorah101

Research a class CR-1 Immigrant Visa. It begins after you marry, with the USC filing an I-130 petition.

Yes.

What do you mean? Immigrant Visa is the name of the visa. It allows you to come to the USA and become a US Permanent Resident upon entry. We have a Wiki Guide on here regarding the CR-1 Immigrant Visa process...make sure you read the one where the I-130 is filed in the USA, not the UK (i.e., not DCF).

No problem, that's why we're here.

The Immigrant Visa takes about 8 to 10 months to process from beginning (filing I-130) to getting visa in hand. You are allowed to visit each other while it processes.

Rene

jeheardy8

Ok Rene,

I must say you are being a fantastic help, thank you.

I am clearer now regarding the 'Immigrant Visa' - also, regarding financials, would that concern just my sponsor in the US? She is on a salary around the $50k mark.

Would my financials come into it or is it just focused on the US sponsor?

ian-mstm

No... because, in a nutshell, it is impossible to prove a negative!

Ian

ian-mstm

Yes.


If it's just the two of you, that's more than sufficient.


Your finances are largely irrelevant in this process.

Ian