J-1 as a basis

[Toly 0]

I wonder if it is possible to marry a person on J1 visa and waive 2 years waiting period?

[Marc and Olga 0]

I wonder if it is possible to marry a person on J1 visa and waive 2 years waiting period?

IF you mean the 2 year green card, I doubt it.

JMHO

[Eveline 9]

@Marc and Olga: When the program the J1 holder is under is partially or fully sponsored by the US government or another government then there is a 2 year home residency requirement rule, which basically means that the holder has to return to their home country after the visa expired and CANNOT apply for another visa within those two years. I don't know if it can be waived or not.

[DeeZee 0]

You can apply for a waiver but sometimes the waiver takes longer than 2 years..from what i've heard. Try searching for more info online.

[Eveline 9]

Are you sure your fiancee (or whoever is on that visa) falls in that category? check the visa if it says that the rule applies.

I wonder if it is possible to marry a person on J1 visa and waive 2 years waiting period?

[sparkofcreation 0]

We married while my husband was on a J-1 and did AOS without him returning to the UK, however if the J visa has the HRR (home residency requirement) then no, there's no way around it. People here have tried and failed ... I suppose if (for example) a civil war had erupted in your SO's home country while they were in the US, that might be a reason to waive it, but I don't think a less dire reason would work. (ETA: yes there is such a thing as a waiver, but every case I've seen on here that was subject to it was denied and they had to wait the 2 years; the immigration attorney we consulted also told us that if there was an HRR on G's visa, to not even bother trying for the waiver because it's a lot of money and they're never granted).

But be sure they're subject to the HRR before you start worrying about it. The basic categories that are subject to it are:

1. medical professionals

2. people whose jobs were funded (even in part) by the US govt.

3. people whose jobs were funded (even in part) by their country's government

4. people whose fields are listed on a special list of needed professions by their country (it depends how solid the country's economic/political situation is--like Afghanistan lists just about everything but the UK doesn't list any at all)

Edited November 5, 2007 by sparkofcreation

[Caladan 19]

I wonder if it is possible to marry a person on J1 visa and waive 2 years waiting period?

Not every J-1 visa has a home residency requirement. If it does, though, you would need to get that requirement waived before AOS could be completed, and from what I understand, waiving that requirement can be difficult.

It's definitely clear that marriage alone doesn't waive the two-year HRR.