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SheaNYC

Marrying my american partner while in the US on a J1 visa.

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Filed: J-1 Visa Country: United Kingdom
Timeline

So I just graduated and I am spending my summer in the US on a J1 visa which ends on October 10th.

I want to move here from England and I don't know the financially and time-wise which option is better

I have two options: propose to the company I am working for to apply for a sponsored visa on my behalf (which I doubt as its still a new company with little spending power)- also I don't know how much it costs them.

or

propose to my partner who I have been with for over a year now.

I have been reading a few of these threads and I am not sure if any issues will come about if I don't "respect" my visa by going back to London. Even though my visa expects me to return to England can I still apply for an AOS? And would this harm my application? I have proof we are a couple from photos, letters back and forth etc - but no joint bank account. I do love the girl, but I'm not dumb enough to give her access to my money! Is it stongly recommended I do this though?

I know you get this type of question a lot of times, but would appreciate any help!!!

Thanks

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Filed: IR-1/CR-1 Visa Country: Israel
Timeline

I'm not a lawyer but the fact pattern (however valid it may be) might cause red flags to go up. See this NY Times article that ran a month ago.

http://www.nytimes.com/2010/06/13/nyregion/13fraud.html


___________________

07-17-09: She comes into US on B2 visa
07-25-09: Marriage in US
10-03-09: She returns to Israel
10-13-09: I-130 sent
10-23-09: NOA1
02-16-10: NOA2 / I-130 approved
02-24-10: NVC Receives petition
03-13-10: Received DS3032 and I-864 Bill
03-22-10: Received IV Bill
04-13-10: RFE for original Birth Certificate
05-13-10: Case completed at NVC
06-17-10: Consulate Interview in Jerusalem and was told "We will get back to you"
06-18-10: Called DOS Hotline and was told we were in AP
06-23-10: Called DOS Hotline and was told we were approved
07-01-10: Visa received. One way tickets booked.
07-09-10: POE - Newark, NJ
07-20-10: Social Security Card received

04-16-12: I-751 Package sent
04-23-12: NOA / I-751 Received (dated 4-17-12)
05-02-12: NOA / Biometrics Appointment Scheduled
05-25-12: Biometrics Appointment
01-04-13: Greencard ordered for production
01-12-13: Greencard received

08-08-13: N-400 Package sent

08-12-13: Check cashed

08-19-13: NOA / 1-797C Received (dated 8-13-13)

08-30-13: NOA / Biometrics Appointment Scheduled

09-03-13: Biometrics Appointment

09-05-13: In line for Interview

12-23-13: Interview scheduled in the system

01-29-14: Interview Date - PASSED

04-02-14: Oath Ceremony

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Filed: J-1 Visa Country: United Kingdom
Timeline

I'm not a lawyer but the fact pattern (however valid it may be) might cause red flags to go up. See this NY Times article that ran a month ago.

http://www.nytimes.com/2010/06/13/nyregion/13fraud.html

Ok, thank you. I will have to start looking at ways of prooving our love is valid? We have letters to each other and have flown to see each other about 8 times, back and forth, in the last year too.

Cheers

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Filed: K-1 Visa Country: Egypt
Timeline

It is certainly not illegal to marry while you are here, and those who come here on temp visas with the intent to marry and immigrate are committing visa fraud. But it appears from you situation that you came here for study/work, and after being here met someone, fell in love etc... Im not a lawyer, but I have talked with several of them and from the information I gathered from this site I don't think you would have any problems marrying and applying for AOS. But you would have to prove that when you came on the J1 you did not enter the US with the intent to immigrate (using the J1 just to get here, meet someone and immigrate). Also, to answer your question about the bank account, yes I would add her to your account as when you file for AOS this is something they will look at. As much as you can get jointly will only help you (rental lease, car insurance, bank accounts, utilites, etc...)

Im sure someone will come along and say that the advice I'm giving you is incorrect or illegal, however I know this has been done. Maybe you should consult an immigration attorney, many of them offer free consultaions and when you get your answers you can proceed on your own.

Good Luck

Edited by mandyu1

~ Our Journey ~

10/27/09 - Met online

04/21/10 - Travel to Egypt to meet in person

05/08/10 - Sent I-129F

05/10/10 - VSC receives I-129F

05/11/10 - NOA1

05/13/10 - Touched

05/14/10 - Touched

05/17/10 - Received NOA1 in the mail

07/06/10 - NOA2 - Approved!!!! :)

07/12/10 - Received NOA2 in the mail

07/13/10 - Received at NVC

07/16/10 - NVC changes embassy per our request

07/19/10 - Told we are in AP @ NVC

07/30/10 - Case sent to Cairo embassy

08/05/10 - Case received at embassy

09/07/10 - Received packet 3 - FINALLY!!!

09/15-10 - 2nd trip to Egypt, returned home on 10/5/10

12/14/10 - Received interview date

01/09/11 - 3rd trip to Egypt

01/12/11 - Interview - APPROVED!!!...but AP

01/24/11 - Returned to the states without my habibi :(

04/06/11 - AP was completed!! :)

05/10/11 - Visa has been issued!!!

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Filed: J-1 Visa Country: United Kingdom
Timeline

It is certainly not illegal to marry while you are here, and those who come here on temp visas with the intent to marry and immigrate are committing visa fraud. But it appears from you situation that you came here for study/work, and after being here met someone, fell in love etc... Im not a lawyer, but I have talked with several of them and from the information I gathered from this site I don't think you would have any problems marrying and applying for AOS. But you would have to prove that when you came on the J1 you did not enter the US with the intent to immigrate (using the J1 just to get here, meet someone and immigrate). Also, to answer your question about the bank account, yes I would add her to your account as when you file for AOS this is something they will look at. As much as you can get jointly will only help you (rental lease, car insurance, bank accounts, utilites, etc...)

Im sure someone will come along and say that the advice I'm giving you is incorrect or illegal, however I know this has been done. Maybe you should consult an immigration attorney, many of them offer free consultaions and when you get your answers you can proceed on your own.

Good Luck

Thank you,

Most of that is correct apart from I have only been here on the J1 visa for about a month and have been dating the girl for over a year after meeting her on a night out. We've been flying over to see each other for the last year before I decided to take advantage of a J1 visa and work here for the summer.

The issue I can't see is, I don't need a J1 visa if I wanted to get over here to marry someone - surely I would just come over as a tourist?

Do you recommend any immigration attorneys as this is something alien to me. I take it there services aren't cheap!

Thanks for your help, been very useful!

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Filed: K-1 Visa Country: Egypt
Timeline

I was under the impression you met after you were here, and you're right, if you wanted to marry you could come over on a visitor visa, but in that case after you married you would have to go back and file a CR-1 and go thru the process like everyone else. You could attempt to come on a visitor's visa and marry, stay and file for AOS, however at your interview when you show your supporting evidence of the relationship, they will see you two have been together for some time and were dating/engaged when you entered under false pretenses on the visitors visa (to marry and immigrate on a visitors visa, opposed to marrying and going back to England and filing for an immigration visa). In this case they will most likely deny you and you and your fiance/wife could be charged with visa fraud.

Again, you should check with an immigration attorney and unfortunately I can't recommend one, but I think if you didn't want to return England the most honest way to go about this would be to get married here and stay and file for AOS. When you entered the USA on the J1 you did so honestly and you have been working so there is nothing wrong with that. You would just have to explain that you did not enter on the J1 with the plan to marry and immigrate.

Someone may say that marrying on a J1 is no different than marrying on a visitor visa and you should still return to England and file a CR-1. But in your case you entered on the J1 with the intent to work and you have been working, if you returned to England and then came back on a visitors visa your intent would be to marry and not just visit, and thats a problem and when it becomes fraud.

Also, if you return to England and try to enter again on a visitors visa, when you get to the USA, if the officer knows you are here to see your fiance, and sees that you already had a J1 visa he may deny you entry into the country because he may feel you will try to immigrate.

I have read cases where immigrants overstay their visas and are advised to marry and stay in the country and they are able to do an AOS, and in my opinion that is worse than your case.

Good luck and try finding a good attorney that will give you a free consultation and go over what your options are.


~ Our Journey ~

10/27/09 - Met online

04/21/10 - Travel to Egypt to meet in person

05/08/10 - Sent I-129F

05/10/10 - VSC receives I-129F

05/11/10 - NOA1

05/13/10 - Touched

05/14/10 - Touched

05/17/10 - Received NOA1 in the mail

07/06/10 - NOA2 - Approved!!!! :)

07/12/10 - Received NOA2 in the mail

07/13/10 - Received at NVC

07/16/10 - NVC changes embassy per our request

07/19/10 - Told we are in AP @ NVC

07/30/10 - Case sent to Cairo embassy

08/05/10 - Case received at embassy

09/07/10 - Received packet 3 - FINALLY!!!

09/15-10 - 2nd trip to Egypt, returned home on 10/5/10

12/14/10 - Received interview date

01/09/11 - 3rd trip to Egypt

01/12/11 - Interview - APPROVED!!!...but AP

01/24/11 - Returned to the states without my habibi :(

04/06/11 - AP was completed!! :)

05/10/11 - Visa has been issued!!!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

I will favour Mandyu1 - he is right if you show that you had been dating even before you got to US and then you entered US on J1 and get married that can be considered as fraud.

So you can get married in US and then go back to home country and file for CR1.

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Filed: Other Timeline

The mother of all questions is this: do you have a mandatory 2-year home residency requirement on your J-1 or not?


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: K-1 Visa Country: Wales
Timeline

Probably not reading between the line.

If not marry and adjust (assuming you are of opposite genders)


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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