Help for my friend

[lucho562 0]

I'm posting this for a friend.

My friend is a permanent resident here. He is madly in love and proposed marriage to his girlfriend. She is here on a J1 visa. The problem is that her J1 visa expires the 29th of February.

What is the best thing for them? Should they get married prior to her departure to her native country? Please help in giving the best possible scenarios that they may be together and not apart.

Thanks!!!

[steve&mary 1]

Hello,

the most important thing is to check to see if her J1 visa is subject to the 212[e]: 2-year home residency requirement.

If she is, she will need to apply for a waiver if she is elegible for it. Marriage to USC isn't grounds to waive the 2yr-requirement.

[lucho562 0]

Thanks for the reply.

The problem is that he is not a USC, he is a permanent resident. That is why I have no clue on what his rights are in regards to this matter. It's a tough situation that I hope works out.

[~Laura and Nick~ 5]

Thanks for the reply.

The problem is that he is not a USC, he is a permanent resident. That is why I have no clue on what his rights are in regards to this matter. It's a tough situation that I hope works out.

I don't believe he can do anything until he is a U.S. citizen.

I may be wrong.

I wish them luck

[lucho562 0]

Laura and Nick,

I sure hope you're wrong. Although I believe you are correct. Hopefully there is something that they can do to speeden up the process. If not, it's at least another 3 years before he can even become a citizen. The law is what it is....

[gwenneh 7]

A lawful permanent resident can petition for a spouse, but not a fiance. The current wait for a spouse of an LPR is measured in years as a visa number is not made immediately available, that is a priveledge accorded to citizens and their spouses first.

It may be prudent for them just to wait the three years or so until he has citizenship, since that may well be a shorter wait than petitioning for the spouse of an LPR.