J-1 Visa Marriage Questions

[Ishman29 0]

Hello Everyone,

I am having so much trouble trying to figure this out, I do see a lot of Forums on this subject they don't pertain to my situation.

I currently am dating my boyfriend who is on a J-1 Visa, we are trying to see what way is most effective to get married and what requirements/forms are needed?

-Do we get married on a J-1 visa?

-Do we get married on a K-1 visa?

We are trying to make it the easiest way possible(i know getting visas are hard)

the most cost effective and a way to not be away from eachother for extensive periods of time. The 2 year does not apply to him.

What are the steps we have to take to get everything completed and correctly? Any assistance on this matter is much appreciated. If anyone has great websites to refer to please help me out!!

Thank you Everyone for your help!

Edited April 3, 2012 by Ishman29

[Little_My 463]

the most effective way to get married is to find out what the requirements for marriage are in your state, and then march to city hall and say "I Do!"..

If you are referring to the J1 status and him staying in the US, then it gets a bit more complicated. The first thing to do is for you two to check if he is subject to the 2 year home residency requirement. There should be a notation on his physical J1 visa either saying he is, or is not, subject to that rule.

If he is not, then you can mot likely proceed to marry and file for Adjustment of Status to get him a greencard. The process will take 4-6 months, cost about $2,000, and will include countless nights of filling out annoying paperwork and gathering piles of documentation. There's a very nifty VJ guide for the whole process right here: http://www.visajourney.com/content/i130guide2

If he is subject to the home residency requirement, then you will have to get that waived first before he is eligible for a greencard - or, he has to go back home for 2 years, after which he can apply for permanent residence if you two are married at that point.

[Ishman29 0]

Thank you so much for your help if we do it under the J-1 while it is still current would he have to go home for a certain amount of time? Or where can you refer me to find this information?

[Harpa Timsah 13,258]

If you want to go this route, he does not have to go home. In fact, he can't go home once you file for a few months or he will abandon his application. You file the paperwork, and wait here. While the paperwork is pending, he will be in a period of authorized stay unrelated to his J-1 (the J-1 will be void). He can travel once he gets his temporary travel permission approved (called Advance Parole). Once the Greencard is approved, then he is a legal Permanent Resident which gives him the right to work and travel freely (some restrictions on travel).

[Little_My 463]

I just posted the link to the guide for you in the previous post.. If your boyfriend's J1 visa does not have the 2 year home residency requirement attached to it, you can get married and file for Adjustment of Status, in other words apply for a greencard. He can remain in the US throughout the whole process, which takes on average around 4-6 months from when you have filed the paperwork to USCIS. In fact, he cannot leave the US until he has received the Advance Parole travel document, which usually comes in 90 days from filing the forms.

The first thing is to check if he is subject to the 2 year HRR. If he is not, the next step is to read the VJ guide carefully from start to finish, download all the forms and instructions, and familiarize yourself with the process.

[Ishman29 0]

Ok thank you, pertaining to the K-1 Visa. In this situation would it be cheaper to do this and quicker or is it all about the same time and price? Roughly?

Any ideas if it would change the procedure and or same questions above! ^^

[Little_My 463]

It seems to me you haven't spend that much time yet with familiarizing yourself with the different options you two have available. I would warmly suggest you take your time and read through the VJ resources, look through the different topic boards, and print out the USCIS forms and instructions that are relevant to your situation. It will make it much easier for you to ask relevant and targeted questions, and to get better and more accurate answers.

K1 is a fiance visa, meant to help a US citizen bring a foreign fiance to the United States, so that the couple can then proceed to marry and adjust status to permanent resident for the foreigner. Your boyfriend is already here - he does not need to be brought here with a K1 visa. In addition, the K1 also includes the AOS process once the foreign fiance is in the US, so the cost will be more or less the same as it is with AOS from J1 to permanent resident.

Again - check his visa. Does he have the 2 year home residency requirement? This whole conversation is a bit of a moot point until we know whether or not he is subject to the home residency requirement. His home country will also have a big effect on your probability of success if he is in fact subject to the 2 year HRR.

[Harpa Timsah 13,258]

She said in the OP he is not subject to the "2 years rule." But yeah, I heartily agree with Little My - read the guides and familiarize yourself before asking too many questions.

The first thing is to ask yourself: What do you want to do? Make immigration plans around life plans, not the other way around.

[Ishman29 0]

you are correct I am just doing some research and trying to get helpful information from fellow people who have been through this situation.

I appreciatie your feedback.

[Little_My 463]

Uups! My bad, sorry about the 2 year HRR harassment! Somehow totally missed that. Selective reading I guess. In that case you have one less thing to worry about, and should you plan to reside in the US, personally I would think AOS is probably the easiest route to take. If your boyfriend wants to /needs to go back home to sort out things there before permanently settling here, then CR-1 might be the way to go.