Recently (Nov 2023) got a J1 visa, but married to a US Citizen in Sept 2023

[Devil Scorpio 0]

Hello, I hope you all are doing well.

 

I am a Pakistani national, who applied for a J1 visa in April 2023. Unfortunately, the case was not approved during the interview and was sent for administrative processing. The case was just approved in the first week of November. The J1 visa issued to me is not subject to the two-year home residency rule.

 

In February, I met my spouse (US citizen) in South Korea, where I was pursuing my master's. She was there for a job. We both left South Korea by the end of February for our next destination. She went back to the States, while I started a job in Oman. However, we were still connected over the phone and social media. She visited me in Oman in May, after which we decided to involve our families. And in the third week of September, she and her family arrived in Pakistan and we got married. Soon, after our marriage I registered our marriage and her as my wife in our national database. I also verified our marriage certificate, family registration certificate and marriage contracts from the MINISTRY OF FOREIGN AFFAIRS OF PAKISTAN. She is also holding a PAKISTAN-ORIGIN-CARD (POC) on my behalf as her husband to exempt from visa restrictions to live in Pakistan.

 

Now, with the J1 confirmed, we intend to come to the States, so that I can join the workplace and complete my contract under J1 rules and regulations. Meanwhile, we are also looking to apply for a MARRIAGE-BASED GREEN CARD from within the States during my stay, but are confused as there is a lot on the internet about the intent to fraud if entering in US with a non-immigrant visa to convert to a Green Card if already married to a US citizen. 

"We need advice and suggestions on this issue and want to know from your knowledge and experiences what are our options in this current situation. Can we file the I-130 and I-485 from within States or not? And if yes then what things should we keep in mind."

 

Thank you.

Kind regards,

Edited November 12, 2023 by Noman Raza Sial

[SalishSea 16,775]

6 minutes ago, Noman Raza Sial said:

Hello, I hope you all are doing well.

 

I am a Pakistani national, who applied for a J1 visa in April 2023. Unfortunately, the case was not approved during the interview and was sent for administrative processing. The case was just approved in the first week of November. The J1 visa issued to me is not subject to the two-year home residency rule.

 

In February, I met my spouse (US citizen) in South Korea, where I was pursuing my master's. She was there for a job. We both left South Korea by the end of February for our next destination. She went back to the States, while I started a job in Oman. However, we were still connected over the phone and social media. She visited me in Oman in May, after which we decided to involve our families. And in the third week of September, she and her family arrived in Pakistan and we got married. Soon, after our marriage I registered our marriage and her as my wife in our national database. I also verified our marriage certificate, family registration certificate and marriage contracts from the MINISTRY OF FOREIGN AFFAIRS OF PAKISTAN. She is also holding a PAKISTAN-ORIGIN-CARD (POC) on my behalf as her husband to exempt from visa restrictions to live in Pakistan.

 

Now, with the J1 confirmed, we intend to come to the States, so that I can join the workplace and complete my contract under J1 rules and regulations. Meanwhile, we are also looking to apply for a MARRIAGE-BASED GREEN CARD from within the States during my stay, but are confused as there is a lot on the internet about the intent to fraud if entering in US with a non-immigrant visa to convert to a Green Card if already married to a US citizen. 

"We need advice and suggestions on this issue and want to know from your knowledge and experiences what are our options in this current situation. Can we file the I-130 and I-485 from within States or not? And if yes then what things should we keep in mind."

 

Thank you.

Kind regards,

No, you cannot.  It is immigration fraud to seek admission to the US on a nonimmigrant visa with the intent to adjust status.

 

She will need to petition you for an immigrant visa.

[Devil Scorpio 0]

4 minutes ago, SalishSea said:

No, you cannot.  It is immigration fraud to seek admission to the US on a nonimmigrant visa with the intent to adjust status.

 

She will need to petition you for an immigrant visa.

 

But I applied for J1 even before our marriage, will it still be considered a fraud?

[appleblossom 1,307]

5 hours ago, Devil Scorpio said:

 

But I applied for J1 even before our marriage, will it still be considered a fraud?

Applying for a visa and seeking admission are two different things - the latter would be when you enter the US on your visa. 

[Devil Scorpio 0]

18 minutes ago, appleblossom said:

Applying for a visa and seeking admission are two different things - the latter would be when you enter the US on your visa. 

Yes, I understand. But I have to attend the workplace I have been offered as an exchange visitor. Are you recommending me not to attend the workplace or apply from outside once I am back from my visitor position.

[Rocio0010 5,565]

1 hour ago, Devil Scorpio said:

Yes, I understand. But I have to attend the workplace I have been offered as an exchange visitor. Are you recommending me not to attend the workplace or apply from outside once I am back from my visitor position.

No one is saying you shouldn’t come on a J1. What we’re telling you is that you shouldn’t come on that J1 with the intent of adjusting and staying. 
come with the J1, you can even get married here, go back and apply for a CR1 visa in your home country 

[OldUser 4,818]

1 hour ago, Rocio0010 said:

you can even get married here, go back and apply for a CR1 visa in your home country 

They're already married.

[SalishSea 16,775]

11 hours ago, Devil Scorpio said:

 

But I applied for J1 even before our marriage, will it still be considered a fraud?

The fraud will be when you arrive on the J-1 (a nonimmigrant visa) with the intention of adjusting status and staying.  

[biancasmith 12]

You might want to check with an attorney. Yes ita fraud to come here with the intend to adjust status but you applied for the visa prior so  the intend might be hard to proof. However ifts probbaly going to be less problematic if you apply from your country after you come back from the J1 commitment