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I'm debating what to do. My fiance and I have been working on getting
the J-1 2 Year Home Residency requirement removed, before we get
married. We just sent in the last paperwork and have to wait for an
unknown amount of time. She has another 45 days before her J1 visa
runs out, then 30 days after that to leave the US.

Our situation:
We've been concentrating on spending time communicating and getting
prepared for marriage. We've been engaged for a year. Due to the
tension of the Waiver process and other issues, it would be good to
spend some more weeks getting things straightened out between us
before making actual plans for a wedding ceremony. It may be helpful
to wait until the actual waiver comes through before setting a date
and it would be nice to not have to "rush" a wedding, or have a
ceremony with a few days advance notice.

My questions:
If the waiver comes through in under a month, do you think a Tourist
visa would be an option? Is it possible to apply and receive the
tourist visa in a short amount of time? She would like to travel and
visit some friends that she's already been invited to see, AND it
would give us a few more months for her to remain in the country and
for us to set a wedding date and marry. I wonder if tourist visa's
are even given to holders of J1 visa's as they already get 30 days to
travel and exit the country on the visa they already hold. Do you
know of anyone with a J1 visa who received a tourist visa?

The only other options I can think of is for her to return home and
bring her back on a fiancee visa, marry her in her own country and get
her back on a spousal visa, or have her apply for a student visa,
which she does want as well.

Can you help me understand what would be best?

Thank you for your time.

Mrtravel

This topic comes up often here.
It is illegal to enter on a tourist visa with the intent to stay.

You might be ok, you might not be ok.
Do you feel lucky enough to risk the penalties?

Shannon

I am a bit confused. Is the situation:

1) She is in the US
2) IN status on a J1
3) Trying to get out of going home to do 2 years home residency
4) In order to marry you and live in the US?

I don't think you can apply for a tourist visa in the US or adjust status to a tourist visa if you are on a J-1 waiting for a waiver. Do you know its a possibility?

I am no expert, but it seems she either goes home and waits for the J-1 waiver result or stays here and goes out of status waiting for J1 result.

If the J1 is favorably resolved, she marries you in the US, and adjusts status.

If it is not, she either goes home or gets in a lot of trouble out of status in the US.

Can you explain more.. or correct my assumptions.

garyrrobinson

the tourist visa is not a good option here

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I'm kind of thinking the tourist visa isn't a good option, but I don't
know for sure. Her intent is to travel and visit some friends, so i
don't think it is a lie to ask for it, not at all. It just so happens
however, that we haven't set a date to get married, but are engaged.
If during her time during a tourist visa we set a date, then we'll
have to know what the consequences are. Maybe there aren't any?

My fiancee was on a J1 in a previous year and received the 2YHRR at
that time. She returned to her home country as specified with her
visa. This year she is back again on another J1, but without a 2 year
HRR. We are in our last step of getting the Waiver approved. It's
possible the waiver will be approved BEFORE her current J1 visa runs
out but we are unsure how soon and how close to when her visa runs
out.

Does this make sense? Do you have any suggestons?