Is it possible to marry on a J-1?

[JamesTS 1]

In July and September I had E-3 visa applications denied, as I apparently didn't meet the eligibility criteria contrary to advice from multiple lawyers. 

 

I've been informed by U.S. Customs and Border Protection (CBP) Information Center that my ESTA has been blocked and that I must apply for a B1/2 visa to enter the US. 

 

I'm an Australian citizen.

 

TM92 we definitely don't have the intent to marry at this time, as we've only been dating a year and aren't ready. I'm just going through every option to find out what's possible and what's not. Thanks so much for that information! 

[ourjourney_pc 118]

4 hours ago, LucyS said:

Good to know, thanks Paul & Mary. A K-1 just means we'll be apart for 7-12 months whilst it's being processed. As I've had work visa applications denied, I would have to apply for a B2 visa to visit in the meantime, which from my understanding may be denied if a K-1 is being processed. Is this correct please?

im not an expert .. but B1/B2 application will not be deny  just because you have a K1 being processed.

 

i myself have 10yr multiple tourist visa and just recently submitted our K1 and i visited him after our k1 submission.

which means having B1/B2 visa and a k1 being processed (as long as it's still being processed and doesnt have noa2 yet which will take at least 6 months) will not affect...

 

... i hope people who think different otherwise or actually know the answer dont be so harsh on me if i was wrong      PEace everyone...

Edited October 4, 2018 by philcrisduke

[Unlockable 7,306]

5 hours ago, LucyS said:

In July and September I had E-3 visa applications denied, as I apparently didn't meet the eligibility criteria contrary to advice from multiple lawyers. 

 

I've been informed by U.S. Customs and Border Protection (CBP) Information Center that my ESTA has been blocked and that I must apply for a B1/2 visa to enter the US. 

 

I'm an Australian citizen.

 

TM92 we definitely don't have the intent to marry at this time, as we've only been dating a year and aren't ready. I'm just going through every option to find out what's possible and what's not. Thanks so much for that information! 

Would have been nice if you mentioned all this in your initial post.

 

Like others have already said, if you are not already in the US then using any visa other than a K1 or CR1 is to come and marry and adjust is fraud.

 

Your visa history shows what may be considered "visa shopping". Because of that, any non-immigrant like a B2 may be tough to get.

[AshMarty 359]

I think many people on here understand your frustrations. My now husband worked in the US for 6 years (on an E2 for an Australian Company) which was then sold to a Canadian company, so he lost his visa and had to return to Australia. He looked for jobs in the US for 2 years before we decided it was time for pursue the K1 fiance - marriage route. 

 

It is frustrating but when I think of our time dating over long distance, I really enjoyed  our "dates". Aka visiting each other; he showed me all his favorite places and cities in Australia and I did the same for him in the US. No too many times in your adult life (we are in our 30s) can you take weeks off to just enjoy being together and traveling together, so enjoy every stage. 

 

Likely to be together in the future, you will have to pursue the K1 or CR1 route in the future, when it is time. 

[WeGuyGal 1,052]

8 hours ago, LucyS said:

In July and September I had E-3 visa applications denied, as I apparently didn't meet the eligibility criteria contrary to advice from multiple lawyers. 

 

I've been informed by U.S. Customs and Border Protection (CBP) Information Center that my ESTA has been blocked and that I must apply for a B1/2 visa to enter the US. 

 

I'm an Australian citizen.

 

TM92 we definitely don't have the intent to marry at this time, as we've only been dating a year and aren't ready. I'm just going through every option to find out what's possible and what's not. Thanks so much for that information! 

An experienced vj member jan22 was on spot in your other thread. From the looks of it you could come across as visa shopping. Entering on a NIV to marry and adjust is fraudulent use of the visa. 

[streanor 405]

Like @AshMarty said there's a lot of people here who have been through similar frustrations as you.

 

If you can get a tourist visa try to see it as a time you can continue to grow your relationship and discover if this might be someone you want to be together forever. Try not to stress about THEN WHAT too much. If you moving to the US is a possible goal I would avoid VISA fraud as you could be in danger of a ban.

 

From my personal experience I would suggest talking to your partner openly about these things, make sure you both understand and are on the same page about the possible options ahead, and what sacrifices can be made to make things easier along the way. Like what are his options for coming to live with you or stay with you for an extended period.. Ultimately I would advise continuing to work on your relationship and be together as often as you can until you feel you're ready to make the step towards marriage and then go for the K1 or CR1.

[TNJ17 1,329]

If you’ve had work visas denied you will most likely be denied any other type of non immigrant visa, B1, J1, and the like. You’re left with the only option of applying for a K1. 

[SusieQQQ 11,584]

9 hours ago, LucyS said:

In July and September I had E-3 visa applications denied, as I apparently didn't meet the eligibility criteria contrary to advice from multiple lawyers. 

 

I've been informed by U.S. Customs and Border Protection (CBP) Information Center that my ESTA has been blocked and that I must apply for a B1/2 visa to enter the US. 

 

I'm an Australian citizen.

 

TM92 we definitely don't have the intent to marry at this time, as we've only been dating a year and aren't ready. I'm just going through every option to find out what's possible and what's not. Thanks so much for that information! 

 

53 minutes ago, WeGuyGal said:

An experienced vj member jan22 was on spot in your other thread. From the looks of it you could come across as visa shopping. Entering on a NIV to marry and adjust is fraudulent use of the visa. 

Exactly. OP’s background probably makes the topic of the thread moot as a J1 is also likely to be denied once the consulate reviews the OP’s history. 

 

 

 

[Jeanne Adil 1,651]

10 hours ago, LucyS said:

I'm in Australia. I haven't been granted a visa.

 

My boyfriend is a US citizen. We're not yet talking about marriage, however I'm trying to figure out options for when the J-1 expires. 

this is fraud

do the K1 like the rest here honestly

[TNJ17 1,329]

No offense, but from all your posts and concerns on this thread it looks like what you want is visa fraud. When people suggested applying for a K1, your first response was "on a k1 we will be apart for too long". This thread in itself is intent because your first question was asking about marrying and adjusting on a J1 you haven't been granted yet. When found that marrying and adjusting with prior intent is fraud, you are still continuing to desire that visa. You have shown nothing but intent on this thread and an immigration officer will see it the same way. We are not trying to be discouraging or hurtful to you, but you came here because you wanted to ask a question and you were given the answer. It however doesn't fit your plans because you're just trying to get to the States faster as per your concern of the length of the K1 process. 

 

Truth is even your J1 is very likely to be denied because of your history. I'm guessing you don't have any ties to your home country (and it doesn't take much for Australia) because of your history of denial, so any non immigrant visa will be a long shot for you. Having to go through a long time apart is part of any immigration process and the price we have to pay in order to have a bi-country relationship. Everyone spends time apart while going through this process. The sooner you apply, the faster you'll get it done. it doesn't look like you'd be granted any visiting visa to the States so he'll have to visit you. It's just the way it is.

[geowrian 22,335]

7 hours ago, philcrisduke said:

im not an expert .. but B1/B2 application will not be deny  just because you have a K1 being processed.

No, but it's a very difficult task to gt a tourist visa with a pending I-129F petition for you or K-1 application. A K-1 implies you intend to immigrate soon. A B-2 requires not having intent to immigrate. These are conflicting motives, and the law requires the CO to presume immigrant intent by default.

7 hours ago, philcrisduke said:

i myself have 10yr multiple tourist visa and just recently submitted our K1 and i visited him after our k1 submission.

which means having B1/B2 visa and a k1 being processed (as long as it's still being processed and doesnt have noa2 yet which will take at least 6 months) will not affect...

Correct - you have an existing visa and using that to visit. This is very different from obtaining a tourist visa while going through the K-1 process. Many people visit during the process (even after NOA2). Very few people get a NIV while waiting.

[Sho Ishizaki 0]

Yes, it can work. I know someone who came here on a j1 visa and married someone after her internship was over then adjusted her status. I think she met him through a friend while in her internship . i dont think she wanted to go back home. Her intentions whether inlove or to not go home isnt up to my judgment, but its currently working for her. 

 

Goodluck! 

[SalishSea 16,770]

To the OP, you will find that folks at VJ are sensitive to people wanting to find out how to skirt around the waiting periods that necessarily go along with marriage-based immigration.   We have all waited and are waiting months, sometimes years to be with our partners....

[Rocko20 159]

36 minutes ago, Sho Ishizaki said:

Yes, it can work. I know someone who came here on a j1 visa and married someone after her internship was over then adjusted her status. I think she met him through a friend while in her internship . i dont think she wanted to go back home. Her intentions whether inlove or to not go home isnt up to my judgment, but its currently working for her. 

 

Goodluck! 

The judgment is up to the immigration officer. A lot of folks apply for these visas with the "personal intent" of then finding someone to marry once they arrive in America. For example, they'll start signing up for dating apps and going out on dates knowing if they marry someone and adjust status they'll get to stay.

 

 

[TM92 527]

30 minutes ago, Sho Ishizaki said:

I know someone who came here on a j1 visa and married someone after her internship was over then adjusted her status. I think she met him through a friend while in her internship

That is like comparing apple and oranges. The question is not whether AOS from J-1 is possible. The question is if its illegal to have preconceived intent at POE to AOS (except K-1 and dual intent visas) or overstay. Already answered, its 100% illegal. In your friend's case, she met her husband in the US after US entry. OP doesn't even have an approved J-1 and is not currently in the US.