Hi,
I am a US citizen and want to marry a foreign woman who is currently in the U.S. on a J-1 visa. She has been here since mid-August, and from what I understand the 2-year home rule does not apply if she is here for less than 6-months on that visa. If she extends the visa beyond the 6-months, the home rule will apply.
I am wondering if someone can lend some advice about our situation. I have done some searching online and found information that suggests that many problems can be avoided if we marry while she is here on the current J-1 visa, before she has to apply for an extension.
Here are some other details about us that may help with getting the best answers:
1. She is a professor (PhD) from a foreign university, and we are both currently working at a U.S. university. She is here doing research. Her university is continuing to pay her salary for one year, but she did not have to sign anything for this (i.e. she is not required to return there as a condition of her pay while in the U.S. as far as we know).
3. Her current J-1 visa is good for 6 months, so she has until mid-February before it expires. If she needs to apply for an extension, I think she must do so before the end of December.
4. In addition to her J-1 visa, she also possesses a 10-year tourist visa.
5. She has two children who are also here with her currently, and they were US-born (they have dual citizenship). They are all living with me. Her children are currently attending U.S. public schools.
6. We are both divorced. She was divorced officially in February of this year. My divorce became official in June.
One specific question that comes to mind: Will she be able to work here right away? She is a professor from a foreign university (PhD). I can support her for a few months if necessary, but life would be easier if she can continue to work.
Are there any other specific issues I should be aware of? Are there any things I should do right away to facilitate a smooth marriage/immigration process? Any deadlines that I should be aware of? Is this situation too complicated for us to handle without an immigration lawyer? Money is tight (for everyone, right?). Obviously, I would like to avoid involving a lawyer if possible, but I don't want to do anything foolish either.
I really appreciate any feedback or advice that you might be able to give me!
Thanks

