britbiker

Hey everyone,

I've seen that the big 'M' question is a bit of a hot potato!

Would I be right in saying that if I go to the US on a J1 visa, WITHOUT the intent of marrying anyone, but then decide to marry a girl I have known for 2.5 years, that would be OK as my intent at the port of entry was legal?

If so, would the length of our relationship hinder our chances of having the marriage accepted by the INS (ie allowing me to stay in the country with her)


All help greatly appreciated

Folinskyinla

Hi:

When ever I see the letter "J", the acronym of "2 year FRR" comes to mind. Are you or are you not subject to 212(e)? This is an important issue.

Quite often the discussion deals with people coming on "B" visitor visas, or VWT tourist entries -- there is a big issue of intent on entry -- entry as a tourist and entry to marry and get a green card are two quite different things.

However, working people can marry and continue working, students marry and continue to go to school. There is an old Board of Immigration Appeals case entitled Hosseinpour from 1974 which held that an F-1 student did not violate his status by marrying and seeking a green card.

That said, do note that the visa application DS-156 asks a specific question about fiances.

britbiker

Hey Folinskyinla,

Thanks for your time. I have checked this out and am not subject to 212(e) (those are the 3 elements that would result in a 2 year home residency restriction, right?)

What questions within DS-156 do you feel may be of interest? I've looked for this document, but can't seem to find it.

All advice very appreciated.

Happy St. Patricks Day by the way

Folinskyinla

Question 32 on the 08/2001 edition. Question 37 on the 2/2003 edition.