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  1. #1
    Join Date
    Jun 2015
    Posts
    1

    Question Marriage of a J1 Visa Holder to a Permanent Resident

    I am from Colombia and have been a teacher in the US for 3 years based on a J1 visa. I have my No Objection Letter and hope / believe am getting my visa waiver approved. I'm getting married to a permanent residence, green card holder.

    While I wait to obtain a permanent residence status myself,

    1. Under what visa am I allowed to stay in the US?

    2. Am I allowed to work during that time before I get my green card?

    3. Will I be allowed to travel out of the country?

    Here are some important dates: J1 visa expires June 30, 2015. Grace period expires July 30, 2015. We are planning our wedding to take place before July 30, 2015.

    Thank you so much for pointing us in the right direction!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: J1 Visa Waiver Approved, Getting Married to Green Card Holder. What Visa Do I Nee

    The problem is that you don't get any special consideration for marrying a permanent resident, it has to be a citizen. Getting the home residency restriction waived only fixes that problem. I don't see how you are going to get status adjusted. The waiting period for getting a visa based on marrying a permanent resident is running multiple YEARS now. You'll be expected to go home when your current authorization ends.

    You can't even think about working unless you have a visa (either a new one or adjustment of status) that permits it.
    After your J1 times out, you're not allowed to even do the things you were allowed to do under that.

    Further, marrying a permanent resident is likely going to get you declined for any non-immigrant visa application you ask for.

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

    Default Re: J1 Visa Waiver Approved, Getting Married to Green Card Holder. What Visa Do I Nee

    After your marriage, you can file for a green card based on marriage to a permanent resident. Buy your ticket home as you will be waiting there until your priority date becomes current. Check the visa bulletin monthly for latest dates. If your then permanent resident spouse chooses to go to your home country to wait with you, be sure that he/she applies for and receives a reentry permit before joining you.

    If your spouse becomes a citizen while you are waiting for your turn in a very long line, the petition can be ugraded to the spouse of a citizen. Be sure your spouse follows all of the rules for residency for citizenship application.

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