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

[SheaNYC 0]

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

[Songer 1]

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

[SheaNYC 0]

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

[mandyu1 5]

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 July 22, 2010 by mandyu1

[SheaNYC 0]

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!

[mandyu1 5]

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.

[Harsh_77 716]

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.

[Brother Hesekiel 2,235]

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

[Boiler 43,434]

Probably not reading between the line.

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