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Can a J-1 Visa Holder Get Married and Drop Out Program

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  • 08-15-2010, 11:47 AM
    irenely219
    Can a J-1 Visa Holder Get Married and Drop Out Program
    Hi I am currently on J-1 working in a hotel in VA. (with two-year foreign residency applies) My J-1 is for one year and I've been here for about 6 months.

    I met my boyfriend after I came to the States. He's getting relocated to a job in Montana. He wants me to go with him. In order to keep me in the country, we plan to get married.

    I applied for waiver last month and looks like it's under process now. My question is, if we get married now, can I drop out from my J-1 program and follow him to Montana? After we get married, during the time i wait for my waiver and then start my application for green card, can i stay legally?

    Thank you.
  • 08-16-2010, 09:06 AM
    Mr. Knowitall
    Re: Can a J-1 Visa Holder Get Married and Drop Out Program
    You cannot adjust your status unless you obtain a waiver. Once you go out of status, you're out of status and you can neither stay nor work legally in the United States. If you successfully obtain a waiver, you and your spouse can petition to adjust your status. It seems that you would benefit from knowing if you have a waiver before you decide how to proceed.
  • 08-27-2010, 06:16 AM
    irenely219
    Re: Can a J-1 Visa Holder Get Married and Drop Out Program
    Quote:

    Quoting Mr. Knowitall
    View Post
    You cannot adjust your status unless you obtain a waiver. Once you go out of status, you're out of status and you can neither stay nor work legally in the United States. If you successfully obtain a waiver, you and your spouse can petition to adjust your status. It seems that you would benefit from knowing if you have a waiver before you decide how to proceed.

    Thank you so much Mr Knowitall,
    So how about we get married and apply for a waiver with the reason of marriage? doesn't it make more sense and give it higher possibility to obtain the waiver?

    Thank you.
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