From J-1 to Green Card

[salika 0]

Thanks fwaguy and meow mix,

Since the J1 visa only takes a day or two to get, we'll probably be applying in May so he can travel to the US in the summer. His first intent with the J1 visa is to teach at the university that sponsors him. But since he'll already be in the US and just so happens to be married to me, a US citizen, is there any reason why he couldn't adjust his status to get a green card? How can the USCIS determine objectives and what are its criteria? Could I possibly ask the USCIS directly if this is possible or how can I know for sure this would work?

Our case should be complication, but will I still need to submit the affidavit of support and all that?

Firstly, all visa applicants are assumed to have immigrant intent and it is incumbent on the applicant to demonstrate otherwise... So the USCIS does not have to prove intent... so there is no criteria per se.... Think about it... If he is asked at the AOS interview...

1) I see your wife lives permanently here in the USA is that true?

2) Do you love your wife?

3) Do you believe that for a marriage to prosper that a husband and wife should live together?

4) Were you married to you wife before you entered the USA?

5) Please tell me then how you could not have intent to stay here permanently with your wife when you entered the country?

Remeber, these people are trained interviewers.........

You won't know until you try, but you may find that the J-1 will be denied... Your circumstances today are vastly different than they were before..

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

[payxibka 10,044]

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

On his first J-1 visa was there a "legal" marriage to a USC?

[gwenneh 7]

Your circumstances are different in that you are now married. Being married will make a difference in how your visa applications are looked at.

[salika 0]

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

On his first J-1 visa was there a "legal" marriage to a USC?

Yes, we can apply for a green card from Egypt through DCF, it is just such a complicated process, I don't know if it will be finished by the time we need to be in the US. Yes, on his first J-1 visa we got legally married in the US, I am pretty sure this is 100% legal, right?

[salika 0]

Your circumstances are different in that you are now married. Being married will make a difference in how your visa applications are looked at.

I wish I knew more about this crazy process. We specifically arranged everything last year to get legally married in the US as we thought it would be easier to get a visa this way. Now it looks like we should have waited and gotten married next year, what a drag.

My mom always told me not to trust lawyers, this is the first time I have had to speak with one, she certainly was a wise woman.

[payxibka 10,044]

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

On his first J-1 visa was there a "legal" marriage to a USC?

Yes, we can apply for a green card from Egypt through DCF, it is just such a complicated process, I don't know if it will be finished by the time we need to be in the US. Yes, on his first J-1 visa we got legally married in the US, I am pretty sure this is 100% legal, right?

It is important to use terms properly...

The consulate is under the control of the Department of State (DOS). DCF does not result in a greencard as the Department of State does not issue greencards... DCF results in a visa that gives the holder permission to seek entry to the USA at a border post... It is the physical act of being granted entry into the USA that ultimately results in the issuance of a greencard... You can be issued a visa and still be denied entry. No entry, no greencard. Subtle but important difference.

When he received the visa and was subsequently was granted entry into the USA he was not legally married to a US citizen. You then got legally married while he was here.

Now on this application he is legally married... Now do you see the difference? It is the circumstance of being legally married at the time of visa application and/or entry into the USA that is the potential problem

[salika 0]

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

On his first J-1 visa was there a "legal" marriage to a USC?

Yes, we can apply for a green card from Egypt through DCF, it is just such a complicated process, I don't know if it will be finished by the time we need to be in the US. Yes, on his first J-1 visa we got legally married in the US, I am pretty sure this is 100% legal, right?

It is important to use terms properly...

The consulate is under the control of the Department of State (DOS). DCF does not result in a greencard as the Department of State does not issue greencards... DCF results in a visa that gives the holder permission to seek entry to the USA at a border post... It is the physical act of being granted entry into the USA that ultimately results in the issuance of a greencard... You can be issued a visa and still be denied entry. No entry, no greencard. Subtle but important difference.

When he received the visa and was subsequently was granted entry into the USA he was not legally married to a US citizen. You then got legally married while he was here.

Now on this application he is legally married... Now do you see the difference? It is the circumstance of being legally married at the time of visa application and/or entry into the USA that is the potential problem

Yes, fwaguy, I see your point, thanks for the clarification. Since the J-1 adjustment is out of the question, are the CR-1 and K-3 visas really my only options?

What if, for example, my husband was able to find a job while he was still on his J-1 visa and was then sponsored by his new employer to get a work visa? Is it against the law for him to have a work visa while he is married to me, a USC? Basically what I am asking is if he can immigrate and settle in the US regardless of our marriage or because we are married, is he required to enter the US on a CR-1 or K3?

If he was on a work visa, would it also be fraud to adjust his status to permanent residency through marriage to me? Or is this legal?

Thanks

[athena_ny 1]

I edited my original post, because I thought you were in the country (reading at work...I guess I missed something). The work visas that are dual intent are generally capped, and you won't be able to get one easily. Some work visas are NOT dual intent, and therefore if he entered with the express purpose of then adjusting status, it would be visa fraud still.

The CR-1 and K-3 would be your only options at this point to avoid fraud. Fraud is not something you want to play around with (and I feel like you want to avoid that and are just trying to find out your options).

Had you married and remained here with you husband, he would have been able to adjust status, most likely successfully, from within the country. Since you have left, the circumstances (as fwaguy stated) have changed, and intent has also changed so you need to get the correct visa that leads to a green card at this point.

[pushbrk 12,179]

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Right. You petition for a CR1 visa and receive a green card after entering with its use or you petition for K3 and adjust status after entering.

As somebody else already mentioned, your husband may well not get a J1 visa now because he is married to you, a US Citizen and is presumed to have immigrant intent. Unless he has a currently valid J1 visa, you don't have a J1 husband. You have a husband with no visa, no right to enter teh US and who is most likely ineligble for a J1 visa.

[sidd.oberoi 0]

if you are a US Citizen and if your husband does not have 2 Year Home Residency requirement, you can file for him. I dont think USCIS should have any problem in that. Because while filing for greencard you will need forms I-130 and I-485...and i think 1 of the forms is clearly asking to check whether your spouse came on J1 visa and is subject to 2 year home residency requirement, if you check yes, then they can stop the processing and will ask to get waiver granted and if he is not, they can process from non-immigrant to immigrant visa. I dont see any problem in that, still USCIS# should be source for you to call and verify.

About my mentioning of NOC is No Objection Certificate given by J1's visa holder home country which your husband dont need because he is not subject to 2 Year Residency Rule.

But USCIS people are nice and if its legal they will help you and will also tell u wht all forms you will need to file for your husband, and it should be easy. Dont Worry.

[sidd.oberoi 0]

Oh ya if your husband is in egypt, he might have trouble getting J1 again because of marriage to US citizen. But still try your luck, he already returned back last year to his country before his visas got expired, so thats a + point, that might help him ...

[pushbrk 12,179]

if you are a US Citizen and if your husband does not have 2 Year Home Residency requirement, you can file for him. I dont think USCIS should have any problem in that. Because while filing for greencard you will need forms I-130 and I-485...and i think 1 of the forms is clearly asking to check whether your spouse came on J1 visa and is subject to 2 year home residency requirement, if you check yes, then they can stop the processing and will ask to get waiver granted and if he is not, they can process from non-immigrant to immigrant visa. I dont see any problem in that, still USCIS# should be source for you to call and verify.

About my mentioning of NOC is No Objection Certificate given by J1's visa holder home country which your husband dont need because he is not subject to 2 Year Residency Rule.

But USCIS people are nice and if its legal they will help you and will also tell u wht all forms you will need to file for your husband, and it should be easy. Dont Worry.

No, because the husband is not in the USA currently. They left for Egypt. The husband is also not a current J1 visa holder and is unlikely to become one.

[salika 0]

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Right. You petition for a CR1 visa and receive a green card after entering with its use or you petition for K3 and adjust status after entering.

As somebody else already mentioned, your husband may well not get a J1 visa now because he is married to you, a US Citizen and is presumed to have immigrant intent. Unless he has a currently valid J1 visa, you don't have a J1 husband. You have a husband with no visa, no right to enter teh US and who is most likely ineligble for a J1 visa.

Now you're scaring me, so now that I am married to my husband, he can't even get his J-1 visa? It looks like we really messed things up, what if we don't get the CR1 or K3 on time, and then he can't go to his summer job? This is really worrying, my husband does not have a currently valid J1 visa, we just assumed it would be as easy as last time we applied, it only took a day to get his visa, I didn't realize our being married would effect the process :-(.

In that case, did you marriage ruin our chances of an easy immigration process? This is bad news indeed.

If we have to go the K-1 or CR1 way, which one is easier and quicker?

[sidd.oberoi 0]

if you are a US Citizen and if your husband does not have 2 Year Home Residency requirement, you can file for him. I dont think USCIS should have any problem in that. Because while filing for greencard you will need forms I-130 and I-485...and i think 1 of the forms is clearly asking to check whether your spouse came on J1 visa and is subject to 2 year home residency requirement, if you check yes, then they can stop the processing and will ask to get waiver granted and if he is not, they can process from non-immigrant to immigrant visa. I dont see any problem in that, still USCIS# should be source for you to call and verify.

About my mentioning of NOC is No Objection Certificate given by J1's visa holder home country which your husband dont need because he is not subject to 2 Year Residency Rule.

But USCIS people are nice and if its legal they will help you and will also tell u wht all forms you will need to file for your husband, and it should be easy. Dont Worry.

No, because the husband is not in the USA currently. They left for Egypt. The husband is also not a current J1 visa holder and is unlikely to become one.

But atleast when he returned back last time on J1 to his home country would give him a credit of leaving US on time.

But ya rest all is luck, might be the consular officer look his previous arrival and departure and can grant visa, atleast he can explain that last time he left US even though his wife was USC, he does not have any intension to settle permanently in US

[pushbrk 12,179]

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Right. You petition for a CR1 visa and receive a green card after entering with its use or you petition for K3 and adjust status after entering.

As somebody else already mentioned, your husband may well not get a J1 visa now because he is married to you, a US Citizen and is presumed to have immigrant intent. Unless he has a currently valid J1 visa, you don't have a J1 husband. You have a husband with no visa, no right to enter teh US and who is most likely ineligble for a J1 visa.

Now you're scaring me, so now that I am married to my husband, he can't even get his J-1 visa? It looks like we really messed things up, what if we don't get the CR1 or K3 on time, and then he can't go to his summer job? This is really worrying, my husband does not have a currently valid J1 visa, we just assumed it would be as easy as last time we applied, it only took a day to get his visa, I didn't realize our being married would effect the process :-(.

In that case, did you marriage ruin our chances of an easy immigration process? This is bad news indeed.

If we have to go the K-1 or CR1 way, which one is easier and quicker?

I think we're all trying to be as kind and gentle with you as we can but it is extremely important that you start studying the process and taking notes. K1 is for a fiance. Your options are K3 and CR1. Both options require overcoming the sponsorship issues you mentioned earlier.

The K3 is generally faster for entry to the US but does not allow him to work until you file to adjust status and for EAD (Employment Authorization Document). EAD takes a minimum of three months. Since he already has a SSN, the CR1 visa would allow him to begin work upon US entry. (Others need to wait a month or so for their SSN)

Earlier you mentioned filing for the CR1 visa directly with the Consulate in Egypt. (DCF) However, in another thread, we discussed the fact that you may not qualify as a resident for filing purposes. You'll need to verify that. If you do qualify, then DCF for CR1 is definitely your best bet by far.

Caution: When you contact the Consulate about your qualifications, make certain you disclose all the information about your entry and status in Egypt or compare all your facts to their requirements. So far, you've been playing fast and loose with some very important details. All the pieces of the puzzle must fit together.

I do admire your tenacity.

Edited December 28, 2007 by pushbrk