Fiancee visa or not

[zanzinger 0]

I recently proposed to my girlfriend and now we are engaged. We are planning to marry in March or April next year and I was wanting to know if it would be worthwhile applying for the fiancee visa or if we should wait for the wedding and submit the maritial documents following the wedding.

I am currently on a J-1 training visa, which expires in March, but I don't have to leave the country until mid-April.

Really we have no idea where to start, and have heard that we have 3 months to get married following approval of the K-1, so I am not sure if it would be worthwhile applying for that.

Any assistance would be great.

Thanks

Matthew

[Eveline 9]

You could go ahead with the wedding and then only file for AOS from the USA. That would mean that you do not have to return to your home country prior to the wedding. However, make sure you are not under the 2year home requiremt rule.

[matako 0]

I thought AOS is not allowed for J-1 visas?

[aussiewench 9]

Are you subject to the two-year foreign residence requirement with the J-1? If not you may want to have a read HERE

Edited October 13, 2006 by aussiewench

[Eveline 9]

I thought AOS is not allowed for J-1 visas?

I know several people (former Aupairs) who actually did adjust from a J1. I think it really is all about the 2yhrr.

[aussiewench 9]

I thought AOS is not allowed for J-1 visas?

Only ineligible if subject to the two year home residency rule.

[matako 0]

Before a ban of J-1s for AOS was instituted, they would come here and somehow fall in love or propose to people these J-1s barely knew.

That is why they were banned from AOS.

[Eveline 9]

According to that link, you cannot adjust from J1 ONLY if you do fall under the 2year rule. Other than that, I don't see a problem with not doing it. I knew a bunch of aupairs who fell in love - or wanted to be in love - got married and adjusted their status. Later we even had a word for it (well, two). What they did was husband hunting cause they wanted to live in the US sooooo bad.

[lucyrich 20]

Does your J-1 visa have a requirement that you go back to your home country for a time before returning to the US? This is a very important question that you've got to answer before picking a strategy.

If not, then marrying and adjusting status, remaining in the US for the entire time, might be an attractive option.

If so, and if you want to get married before you leave the US, then you'll be married when you're abroad, so you'd have to apply for a spousal visa. This probably means following the K-3 path (file an I-130 for the CR-1, then optionally file the I-129F for the K-3). The filing will have to wait until you have the marriage certificate in hand after you're married.

A K-1 wouldn't work unless you are able to go abroad and get the K-1 before you come to the US and get married. Then after marriage, you'd file for adjustment of status. But assuming your J-1 doesn't require you to leave the US and return, then the act of leaving, getting the K-1, and returning to the US to get married doesn't really buy you anything -- you've still got to apply for adjustment of status, just as you would have to if you stayed in the US the entire time.

[zanzinger 0]

I thought AOS is not allowed for J-1 visas?

I know several people (former Aupairs) who actually did adjust from a J1. I think it really is all about the 2yhrr.

2yhrr??

[aussiewench 9]

Before a ban of J-1s for AOS was instituted, they would come here and somehow fall in love or propose to people these J-1s barely knew.

That is why they were banned from AOS.

And when was that? There is no ban and there is documentation to show that from many that have done just that. Also read the link I posted. As long as one is not subject to the two year home rule then one can apply to adjust status. Even if one is subject to the home rule they can file for a waiver of that rule.

[zanzinger 0]

Does your J-1 visa have a requirement that you go back to your home country for a time before returning to the US? This is a very important question that you've got to answer before picking a strategy....

Ahh no it doesn't.

So I can just change my status following our marriage?

[Eveline 9]

It should say that in your passport OR on the DS2019 in your passport (the white page that was stapled in your passport). If your training in the US is sponsored in part or fully by an agency or the US government or your government you will have to return to your home country and remain there for two years (I think you should be able to visit as a tourist though) OR you can file for a waiver (from your home country) which in the end probably takes two years, too.

EDIT: Seems like the problem is solved. Yep, you can get married and send in all the AOS papers after the marriage. All the best.

Edited October 13, 2006 by Eveline

[matako 0]

They keep giving waivers for all kinds of breaking the law. Why should a J-1 adjust status? They should return to their country as they promised right? In my opinion, they need to ban unmarried J-1s from coming here.

No wonder the US population is now 300 million. It will soon be 400 million.

[Eveline 9]

Why? Most of them are going back. There will always be people breaking the law and adjusting a status (rather than entering the US knowing they gonna get married without a visa and THEN adjust status) from a J1 is basically the same like a spontaneous marriage. He didn't know he'll meet that girl and in the end get married.