Marrying While in the U.S. on a J1 Visa

[Alex71343]

I'm sorry if this is in the wrong section. We previously searched similar topics but a few threads seem to have come up with some dead ends. We are a little confused about which course of action we should follow through on legally. Ill try to keep it as simple and as short as possible. Here's the current information so far:We are looking to get married and extend her Visa. I am a Citizen born here.


1.There is a woman, who I seemed to have developed an extremely close relationship with.
2.This woman is here through a J-1 Visa from June until September 30th.
3. We have been trying to find all the information we could before hand on what we need to know in order to make this happen. I am not sure if we have the right idea at all, but we think that she needs to file I-130 I-864 and G-325A. I need to file I-485, I-765, and G-325A, preferably all at the same time.
4. Upon further research I noted that there is a certain Tax bracket I must qualify for or have a co-sponser who qualifies this specific prerequisite if I do not. I think it might be in reference to the Immigration Law of 1996, I cannot remember specifically. I also noted that some people that have J-1 Visas have a 2 year waiting period for cultural exchange purpose which can conflict with marriage. She does not have this on her visa as a condition.


In short, is this all that is required for us to pursue marriage legally? Are we missing any vital information that could be a problem later? I really don't mean to cause such a burden of a problem, but at the moment I feel I am running out of options and just want to make sure we take all the appropriate steps before proceeding so we don't have to deal with any legal ramifications later on that could just make more trouble than there needs to be. We would very very very much be indebted and appreciate so much if there's anyone out there who can just help us straighten this mess out. It's a pretty complex situation, but we are seriously looking to pursue a life together and make this happen. Thanks in advance, and any help would be very much and greatly appreciated.

[Disagreeable]

Wow she should write a book. 1 month to citizenship. When her program is over, she should go home and then you petition with a k3 fiance visa.

[Alex71343]

Haha, you definitely are true to your username. To be honest, we also considered this option initially to petition with a k3 fiance visa. At the risk of sounding cliche, we are extremely intent and hopeful that there is a way to make this work regarding our current situation. And with a lack of a better description, the involvement we have with each other is something that I'm sure can't be proven and conveyed with so little context. I know it's natural to be skeptical considering these threads probably pop up a dime-a-dozen, I definitely don't fault you for the remark. Regardless we very much appreciate the information and recommendations you suggest as well as any helpful additional information regarding the options we can take.

Is there any possibility that the way we've outlined here could realistically work? Let's say "Best Case Scenario". Would we be missing anything?

[Mr. Knowitall]

You don't make clear if you intend to have her immigrate based on marriage, in which case this is the correct forum, or if you are simply asking how she can extend her stay as a nonimmigrant. You say that she's not subject to the HRR, so she should be able to change her status upon obtaining another nonimmigrant visa, and should be eligible to change her status based on marriage. If you're a citizen and she's lawfully in the U.S., getting a marriage license shouldn't be a problem.

[Disagreeable]

With all due respect to Mr K. her obtaining a non immigration intent visa is a clear lie and an I-212 waiver could be denied on the basis she clearly lied on her purpose to obtain the visa.

[Dogmatique]

While you guys work out the fraud/non fraud issue, I'll just sit here and give my usual sponsorship speech.

OP, if you are sponsoring her there are some things you need to know.

When you submit the I-864 affidavit of support, you are entering into an agreement with the US Government, promising that your wife will not become a public charge. Once it's adjudicated, it cannot be revoked. Now. This is all very well and good, but this is where many people get a nasty surprise. If your marriage fails, she can sue you for support, up to 125% of the Federal Poverty Level which is around $1100/month-ish, give or take.

Yes, you read that right.

This obligation does not end if you divorce; it only ends when one of these things happen:

1. You die
2. She dies
3. She naturalizes (becomes a citizen)
4. She abandons her residency
5. She earns 40 qualifying SS quarters (works for about 10 years)

Now this isn't all doom and gloom. Attorneys are looking for clever little workarounds, one of which is a prenup. While it cannot override the Federal obligation, the court can absolutely consider it during divorce proceedings. Sitting down with an attorney who is familiar with both family and immigration law is not a bad idea at all.

Please remember though that you would only be on the hook for the difference between her salary and the Federal Poverty Level. If she's working full time, her wages should trump the obligation.

Overall my advice is to think twice, and a third, and a fourth time. Being stung by immigration law is not a pleasant experience. If you'd like to read some of the published cases, you can read here:

http://www.ilw.com/articles/2006,1128-wheeler.shtm (This is one of the first, and remains one of the best, discussions about the subject)

http://caselaw.findlaw.com/tx-court-...s/1587775.html (More recent cases - and there are quite a few other cases cited)

(at the risk of repeating myself) http://www.colorado-family-law.com/i...es-divorce.htm

So there we have it.

Of course, it might be moot to begin with.

[Mr. Knowitall]

With all due respect to Mr K. her obtaining a non immigration intent visa is a clear lie and an I-212 waiver could be denied on the basis she clearly lied on her purpose to obtain the visa.

And I'm back to this: You need to keep out of these threads.

The person already has a nonimmigrant visa. Marriage of itself does not create intent to immigrate. What they do next depends upon plans that have not yet been described to us.

[T53147]

OP,

If the woman came in June, how can you already have a relationship after a month that is appropriate for a marriage proposal? If you were acquainted before she entered on J-1, there can be a problem in that it looks like she entered on a non-immigrant visa with the intention of remaining.

Please be advised that there is a significant problem with marriage fraud with very short term or long distance relationships. As the sponsor, you are committed to supporting the individual you sponsor to 125% of the poverty level even if the marriage is of short duration. This could leave you unable to support yourself if you are borderline on the sponsorship financial requiement.

There is no reason to rush into a marriage since it is easy for a US citizen to sponsor both a spouse and fiance. Step back and think with your brain. If it is true love, it will survive - and deepen - with the separation the immigration process requires.

If you need further assistance, consult both an immigration and a family law attorney (for a prenup).

[Dogmatique]

OP,

If the woman came in June, how can you already have a relationship after a month that is appropriate for a marriage proposal? If you were acquainted before she entered on J-1, there can be a problem in that it looks like she entered on a non-immigrant visa with the intention of remaining.

Please be advised that there is a significant problem with marriage fraud with very short term or long distance relationships. As the sponsor, you are committed to supporting the individual you sponsor to 125% of the poverty level even if the marriage is of short duration. This could leave you unable to support yourself if you are borderline on the sponsorship financial requiement.

There is no reason to rush into a marriage since it is easy for a US citizen to sponsor both a spouse and fiance. Step back and think with your brain. If it is true love, it will survive - and deepen - with the separation the immigration process requires.

If you need further assistance, consult both an immigration and a family law attorney (for a prenup).

Yeap! That's why I did my usual basic "Yeah..you need to know what you're getting into..." thing.

Too many people don't know what they're actually signing.

[Disagreeable]

Since we already know the waiver could be permanently denied based on a fraudulent relationship and other things, following the law is the best option. I will ask again since the question appears to be elusive. Is Aaron telling me to stay out of the immigration forum? It seems you know as much about immigration as I do, yet you have said that twice.

And I'm back to this: You need to keep out of these threads.

The person already has a nonimmigrant visa. Marriage of itself does not create intent to immigrate. What they do next depends upon plans that have not yet been described to us.