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  1. #1
    Join Date
    Nov 2013
    Posts
    6

    Default U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    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

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    Quote Quoting drdet54
    View Post
    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
    If you don't want to do anything foolish, an immigration attorney is truly a must.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    I hope you have known her longer than since August. If not, this is a really quick romance. She needs to worry about the custody of her children; their father has rights too and may object to them being relocated permanently to the US.

    Just because she has a trainee job at the university means nothing in obtaining a full time, regular position. She must wait for work authorization but that is minor compared to getting a "real" university job where it is far cheaper for a university to hire a post doc than a faculty or research staff member.

    If she marries you, she will have immigrant intent and her tourist visa is worthless.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    Quote Quoting drdet54
    View Post
    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.
    The six month rule relates to the 12 or 24 month bar on participation in a subsequent J1 program, not to the HRR.

  5. #5
    Join Date
    Nov 2013
    Posts
    6

    Default Re: U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    Yes, I have known her for more than a year now. I appreciate the comment about the tourist visa being worthless. Would that really be a problem if we married? Is immigrant intent a bad thing?

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    A J-1 is not an immigrant visa.

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: U.S. Citizen Wants to Marry Foreign Woman with J-1 Visa

    Some visas are dual intent (Hs) - ie planning to remain permanently in the US is acceptable - while others (Fs, Js and Bs) would not be granted to someone who did not intend to return to their home country at the end of their authorized stay in the US. It is a problem on reentry on the Fs, Js, and Bs if it appears that one is planning to or has filed for a green card.

    Since you appear to be having difficulty understanding the issues with her status, I suggest you consult an attorney for assistance in formulating a plan. You need to be prepared to support her without her having a job indefinitely since I do not believe you understand the issues in university hiring of visiting scholars verses permanent staff members.

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