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J-1 Visa, adjustment of status through marriage.

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kamaradakamikaze
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Posts: 1
Joined: Tue Aug 05, 2008 9:21 pm

J-1 Visa, adjustment of status through marriage.

Post by kamaradakamikaze » Tue Aug 05, 2008 9:52 pm

Hi, i need someone to help me with my issue.

Last year i was working in the us with a j-1 visa in a program called "work & travel", my visa was issued just for the time of my staying which was 4 months, and it didn't had the 2 year restriction for returning to my home country before appliying for a change of status (212e i think). I met a girl and fall in love with her, but i decided to return to my country when my visa expired so i would not fall out of status.

This year i'm planning to return to the US with the same program (J-1 visa, issued for 4 months, without 212e i hope). I 've been talking to my girlfriend and she wants me to marry her so i can stay in the us, we are very unlove and miss each other. The problem is that i'll not be returning to the same job and place where i met her (that is Florida) but instead some thousand miles away (to Colorado). So probably i wont be able to see her until i finish with my work, and by that moment my visa will be expired and i will be out of status if i stay in the us.

My questions are:
Would it be a great difference if we get married even if i've already fall out of status?
What are the chances of the uscis deniying me the green card based on that there was an intention of getting marry before entering the us to avoid immigration laws? This is a bona fide marriage (we really love each other and plan to live together).
Would you recommend me to return to my country and apply for a fiance visa? I've been reading about this and i don't want to wait 8 months more to be with her. Right now i've already started the procedures for going back with the j-1 visa and i would not want to start over again from scratch right now. besides that, from my experience (the people i have met) i know that there's much more easy staying and applying for an adjustment of status or a waiver from inside the us than from the outside, which would mean starting over again with an immigration procedure.

I've been thinking in seeing a lawyer the moment i arrive to the us
:D

Hope anyone can help me, thanks.

iamwhoever
Member
Posts: 111
Joined: Wed May 14, 2008 12:46 pm

Post by iamwhoever » Tue Aug 05, 2008 10:37 pm

1. There are other non-immigration visas that you could apply for that would give you about 18 months in the US, if you wanted to wait on getting married. You can look into the other J-1 visas out there. I don't know where you are from, your education, or occupation, but there is a J-1 trainee, intern, and other options. They might be worth looking into.

2. Either way you go, it does not state that you have to be out of the country when your fiancé applies for the visa, just that you have to pick it up abroad:

"If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad."
Read more.

Best of luck to you. Cheers!

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