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J-1 visa holder about to marry with two concerns!

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Filed: J-1 Visa Country: Ireland
Timeline

Hi everyone. I've been reading the forums and they're great. I'm hoping someone will have gone through something similar to me or have some advice for my situation, I'll quickly outline my story and then explain my two concerns.

I (from Ireland) met my current girlfriend ( US citizen) a year or so ago while we were both abroad. We spent a wonderful summer together and then went our separate ways. However we kept in touch and decided to engage in a long distance relationship for the past year. At the end of the year I was eligible for a j-1 graduate visa. I availed of this visa to both come to the States and work and also be with my girlfriend to see where our relationship would go. I arrived here in September and since then it's become a no-brainer that we want to stay together long term.

So we're about to get married and file the I-130 and I-485 packages. I can get my head around the majority of the forms but my first concern is how the U.S. would perceive my reasons for coming to the States.

It is possible I could be rejected as they may assert I entered the States with the intent of coming here and marrying in order to stay?? I'm afraid this would be possible if we explain about our long distance relationship prior to me coming here, but I'm also worried that if I omit that information it could come back to haunt both of us.

Secondly, since we will be a new marriage and have been living with my girlfriend's parents we're worried that we may not have enough evidence of a bonafide marriage. Would affidavits, photo evidence, and proof of living in this house (not on a lease obviously but could get bank statements etc showing we're both living here) be enough evidence of a bonafide marriage or would we be rejected for being light on evidence??

We really wanted to get some feedback about these concerns before we proceed any further so thanks so much for your help in advance!

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The first issue is a non-issue. Provided you didn't misrepresent yourself then it shouldn't be a problem.

Second, USCIS understand that newlyweds do not have a plethora of evidence from the get-go. Send everything you have and you can remedy any deficiencies at the interview.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: J-1 Visa Country: Ireland
Timeline

No 2 year restriction luckily.

And thanks for your replies.

But I was sure I read somewhere that if it could be interpreted that I entered America (even legally) with the intent of marrying in order to stay here I could be in trouble. But from Hypnos' response above am I to take it that I should be up front with the fact that I came here to in-part be with my girlfriend who I knew prior to getting my J-1??

Thanks again!!

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You're allowed to have a social life on a J-1 visa. The only issue would be if you intentionally obtained the J-1 to immigrate to the US, which could be visa fraud. Provided you legitimately obtained the J-1 and have used it for its intended purpose then there should be an issue.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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*Shouldn't.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: J-1 Visa Country: Ireland
Timeline

Yes that's what's concerning me. Could USCIS consider me to have obtained the j-1 with the purpose of immigration to the US when they see that I was involved in a relationship prior to coming here. Is that left to the opinion of the person who is assessing our case?

We both really want to get the ball rolling with this process so we can start planning our lives together here properly but it's really difficult while we are still unsure of whether what we are saying in our application could be misinterpreted as some sort of visa fraud!

Thanks again for your help, we very much appreciate it!

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Filed: Country: Vietnam (no flag)
Timeline

Immigrant intent does not matter. The US immigration court has said in Matter of Battista and Matter of Cavazos that immigrant does not matter for an Immediate Relative of a USC as long as the beneficiary did not lie at the POE. As the spouse of a USC, immigrant intent is irrelevant when you file for AOS.

You are worrying about nothing. File and go on with your life.

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Filed: Citizen (apr) Country: Ireland
Timeline

It is possible I could be rejected as they may assert I entered the States with the intent of coming here and marrying in order to stay?? I'm afraid this would be possible if we explain about our long distance relationship prior to me coming here, but I'm also worried that if I omit that information it could come back to haunt both of us.

Don't lie about when your relationship started or about how long you have known each other. Otherwise, no, you won't run into any issues with your AOS because of your history.

Secondly, since we will be a new marriage and have been living with my girlfriend's parents we're worried that we may not have enough evidence of a bonafide marriage. Would affidavits, photo evidence, and proof of living in this house (not on a lease obviously but could get bank statements etc showing we're both living here) be enough evidence of a bonafide marriage or would we be rejected for being light on evidence??
Yes. That evidence should be sufficient, but you should be sure to supply as much as you can. It's expected that you may not have a lot of evidence in the beginning. Keep in mind that when your AOS is approved, you will have CR1 status, so you will need to petition to remove conditions on your residence two years after your approval. Keep evidence of everything from those two years and work toward building up your evidence so that you can make your removal of conditions process much simpler.
Good luck.
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