J1 visa working, H1-B or marriage?

[Mahreeahx 0]

Hi guys, I'm currently on a J1 visa that will end in January 2014. Now, my employer said she is willing to sponsor me for a green card (which I need thought would happen) but I must find and pay for my own lawyer. I consulted a lawyer and he said if I wanted to stay in USA to get a green card in the future, I would have to extend my J1 ($3000 lawyer fee + paper fees) then apply for H1-B ($3000 lawyer fee + paper fees).

From this, my boyfriend in USA proposed that he could marry me instead.

-Regarding this, we originally planned on getting married in a few years when he has graduated from college and has a full time job

-If going this route, the income requirements would just be met if he has a joint-sponsor since he is a full time student.

Overall, which do you think would be 'easier' and less complex? I'd assume marriage since there are less steps, but would our pre-existing relationship from last year be of concern to prove our marriage would be real, and that when I entered into USA, my only intent was really just for the work exchange experience?

Any help would be much appreciated!

[Harpa Timsah 13,258]

I believe it is illegal to force an employee to pay for the legal fees to get a visa. That should be paid by the employer, so this tells me it's fishy. I'd seek another H1B or get married, and avoid this expense.

[aaron2020 11,651]

I believe it is illegal to force an employee to pay for the legal fees to get a visa. That should be paid by the employer, so this tells me it's fishy. I'd seek another H1B or get married, and avoid this expense.

Got a citation for this? Where does it say that's it illegal for the prospective employee to pay?

Last time I checked, there are only two restrictions on the employer payin for the process;

1. Employer must pay the mandatory fee - employee cannot reimburse this fee.

2. Employee is not obligated to reimburse the employer for the cost of the process IF it bring the employee's wages below the minimum wage.

Edited July 18, 2013 by aaron2020

[aaron2020 11,651]

http://www.imakenews.com/badmuslaw/e_article000024722.cfm

[Mahreeahx 0]

How would I determine if my wage would be below minimum wage if I pay for lawyer expenses?

But taking all costs and options into consideration, would it be more wise of me to try the marriage route instead?

[aaron2020 11,651]

Go the marriage route if your fiancé is a US citizen. It's easier and much cheaper than a work visa.