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Can I Apply for J-1 Visa After Getting Married to U.S. Citizen

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  • 04-06-2014, 11:11 AM
    larita
    Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    I am a J-1 Visa holder about to expire (8/31/14). I was on a F-1 visa for 7 years before.

    My fiance and I would like to get married some time in the Summer. If we get married in May, can I still travel to my home country in June and apply for a new J-1 visa, so that I can re-enter the country and continue to teach as of September 2014?

    Later in the summer I would like to apply for a green card, but we are worried that my J-1 renewal will be denied if I'm married to a US citizens (proof of intent of immigration?).

    Also, my J-1 visa would have no 2 year foreign residency requirement. Thank you so much for your help!
  • 04-06-2014, 11:24 AM
    T53147
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    You may not have immigrant intent to qualify for a J-1 visa; you are very likely be denied a new stamping and entry after your marriage to a US citizen.

    You should file for your green card immediately after your wedding and postpone travel until you have advanced parole and EAD. You need to rethink your summer travel plans as you will likely be unable to return before the start of classes with your plan for J-1.
  • 04-06-2014, 11:54 AM
    larita
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    Quote:

    Quoting T53147
    View Post
    You may not have immigrant intent to qualify for a J-1 visa; you are very likely be denied a new stamping and entry after your marriage to a US citizen.

    You should file for your green card immediately after your wedding and postpone travel until you have advanced parole and EAD. You need to rethink your summer travel plans as you will likely be unable to return before the start of classes with your plan for J-1.


    Thank you so much, Can I give you another scenario?
    If we wait to get married until I re-enter the country with a J-1 visa, will I be able to start teaching? I really need this job.
    I was thinking of travelling to my foreign country, apply for a new J-1 visa, enter on a new J-1 visa, get married in September and start teaching in September , while waiting for my EAD. Would that work?

    I don't understand if I am supposed to NOT be working while waiting for the EAD.
  • 04-06-2014, 12:33 PM
    flyingron
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    You do NOT want to lie on your visa/entry paperwork. It will bite you in the long run. Follow TS's suggestion.
  • 04-06-2014, 12:46 PM
    larita
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    Quote:

    Quoting flyingron
    View Post
    You do NOT want to lie on your visa/entry paperwork. It will bite you in the long run. Follow TS's suggestion.

    Oh no, I wasn't my intention to lie AT ALL. I just wanted to be able to accept the job. If we do get married in May, do you think I will be able to work in September?

    Work is my concern, as the wedding can wait.
  • 04-06-2014, 02:29 PM
    llworking
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    Quote:

    Quoting larita
    View Post
    Oh no, I wasn't my intention to lie AT ALL. I just wanted to be able to accept the job. If we do get married in May, do you think I will be able to work in September?

    Work is my concern, as the wedding can wait.

    Yes, you should be able to work in September if you get married in May. The only thing that could mess that up is if you leave the country. Get yourself to an immigration attorney ASAP.
  • 04-06-2014, 04:23 PM
    larita
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    Thanks Iwill
  • 04-06-2014, 10:41 PM
    T53147
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    J-1 stamping is not guaranteed. If I were you, I'd make travel plans for Spring Break.
  • 04-07-2014, 01:09 PM
    larita
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    I don't understand. I don't have any wedding plans yet, nor any invitations sent. I just want to be able to continue to work at the same institution I have been working at for the past 2 years. I will be back here to work, NOT to get married.
  • 04-07-2014, 01:36 PM
    llworking
    Re: Can I Apply for J-1 Visa After Getting Married to U.S. Citizen
    Quote:

    Quoting larita
    View Post
    I don't understand. I don't have any wedding plans yet, nor any invitations sent. I just want to be able to continue to work at the same institution I have been working at for the past 2 years. I will be back here to work, NOT to get married.

    Well, that makes things more confusing.
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