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J1 Visa and marriage

J1 Visa and marriage

Old Jun 16th 2001, 12:49 pm
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Joined: Jun 2001
Posts: 2
Lorelei is an unknown quantity at this point

Hi there,

I hope someone in here can help me! I will be entering the USA on a J1 Visa. I have just read though, in some instances, you cannot return to the USA until a two year stay in your home country! *baffled*

Not that this is my intention, but I was just wondering if just say, if on my stay in the states on a J1 visa, I met someone whom I then intended to marry, then returned home to go through the K1 fiancee visa. Then this means that regardless I'd have to stay in my home country (Australia) for two years.

Has anyone here been in this situation before? Or are you expected to marry while you are over there on your visa and change status? Sorry this is just all a bit confusing!

Thanks in advance!
Lorelei is offline  
Old Jun 16th 2001, 1:40 pm
Alvena Ferreira
Posts: n/a

Lorelei wrote:
From what I can read, only a relatively small portion of the J-1's have the 2-yr HRR.
You can find some links to the J-1 HRR stipulation at the "tourist visa adjustment"
link on this URL: http://www.mindspring.com/~docsteen/...o/visainfo.htm

alvena I am not a lawyer and this is not legal advice, just a resource posting
Old Jun 16th 2001, 8:13 pm
Richelle Thalgott
Posts: n/a

That is what happened to me. I went down from Canada on a J-1 visa last summer and
met Byron in Colorado. We are now in the middle of the K-1 process(I got my package 3
a couple days ago). The following exerpt is taken from the INS website and should
ease any concerns that you might have. I didn't fall under any of the Foreign
Residence Requirements for having to stay in my home country(Canada) for at least 2
years. I am now well on my way to getting my K-1 visa with no problems so far!!

Take care, Tonya

"Who is Subject to the Foreign Residence Requirement? You are subject to the foreign
residence requirement, if you are a (J-1 visa status) participant in the Exchange
Vistor Program and:

1.Any part of your participation in the exchange program was paid for, directly or
indirectly, by your government or the United States Government. Your program
sponsor should have noted on your IAP-66 (Certificate of Eligibility for Exchange
Visitor Status) if your program was paid for directly or indirectly by your
government or the United States Government. You can also discuss this issue with
officials from the Bureau of Consular Affairs.

2. You are from a country which has been designated by Bureau of Consular Affairs as
requiring your skills (please see the Exchange Visitor Skill List for more
information); or

3. You arrived in the United States on or after January 10, 1977 to obtain graduate
medical education or training.

If you fall into one of the above categories, your dependent spouse and child are
also subject to the foreign residence requirement."

This is where I got the above from if you want to see the actual page:

Old Jun 16th 2001, 11:33 pm
Posts: n/a

"I am not certain, but I believe a visitor visa is the only one which requires
"proof" that you do not intend to immigrate to the US. In the case of a
J-1/Marry/Green Card series of events, they will more than likely not even ask you
whether you got the J-1 and entered the US with the intent to immigrate."

Actually, this isn't quite true, my fiance check the box that asks do you have a
fiancee in the us when he came over last summer on a J1 and this was the reason why
he had to go to the embassy for an interview, to explain that we weren't planning on
getting married until later. Better to be honest then have to deal with problems
latter. So there is the possibility of this coming up at the aos interview, if you
decided to get married after coming here and weren't engaged before coming here on
the J1,then things would be okay, but they could still suspect visa fraud, just like
a tourist or visa waiver.

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