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Can a J-1 Visa Holder Marry a U.S. Citizen

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  • 01-04-2010, 05:39 PM
    benjamin
    Can a J-1 Visa Holder Marry a U.S. Citizen
    Dear clever law chaps

    I post a simple question that i hope someone maybe able to help me with, the US immigration websites are too complicated and unhelpful!

    Can i (UK citizen) marry a US citizen in the USA, whilst working here as a scholar under a J-1 visa.

    Is it necessary to apply for a fiance visa when i am already working here in the USA?

    Any help to clarify this question would be greatly appreciated so i can plan with confidence my wedding.

    thanks again for your help
  • 01-06-2010, 05:35 PM
    Mr. Knowitall
    Re: Can a J-1 Visa Holder Marry a U.S. Citizen
    You can marry, as long as you meet the state's eligibility requirements for a marriage license.

    You cannot apply for a fiance visa while in the U.S.

    If you have a two year home country residency requirement for your J1, you cannot adjust your status based upon marriage until you either fulfill it or obtain a waiver.

    If you marry and don't seek permanent residency, the question of your intent to immigrate is likely going to arise if you seek an extension of your visa, or if you depart and reenter. If you do intend to seek permanent residency, AOS may not be compatible with your present visa and program; check with your program advisor.
  • 01-07-2010, 10:13 AM
    benjamin
    Re: Can a J-1 Visa Holder Marry a U.S. Citizen
    Thanks Mr Knowitall for your advice

    How can i find out, or where upon my J1-visa (in my passport or DS-2019 Form) may i find out if i have a 2 year home residency requirement.

    thanks so much for your help
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