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  1. #1
    Join Date
    May 2008
    Posts
    8

    Question Getting Married To A Green Card Holder On J-1 Visa

    I have 2 questions.

    (1) I am on j-1 visa which will expire on oct 5,2008. My DS 2019 is valid till
    june 2009. I am going to India this summer and will be back by aug 2008. Do I still need to go to US embassy to get the visa stamp? I-94 it says D/S.
    (2)On my Ds-2019, "2 years residence not required" coloumn is checked. I
    am getting married to a green card holder in this dec 2008. If I leave my
    current job from NC and move to his state, on what visa i'll be? Will I be legally allowed to work in his state?

    How should I go about both the things?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting Married To A Green Card Holder On J-1 Visa

    I know nothing about your program or when it ends, so I'm not going to try to guess at whether you can reenter on your J visa after going home.

    If you intend to enter the U.S. to marry, and intend to adjust your status after marriage, consider seeking a fiancée visa after you return home to minimize the chance that you might be accused of entering under false pretenses. (Or consult an immigration lawyer.)

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

    Default Re: Getting Married To A Green Card Holder On J-1 Visa

    Marriage to a green card holder grants you no status immediately. He can submit your paperwork as soon as you marry, but the estimated wait is at least 5 years.

    You need to maintain your own status through a work or student visa until your priority date for the spouse of a green card holder or until he can naturalize and file for you as the immediate family member of a citizen.

    Depending on your area of work, your best chance for immediate employment visa is a cap-exempt job at a non-profit institution.

    Check the USCIS and Department of State websites for detailed instructions. Work with an immigration law specialist if you still have questions.

  4. #4
    Join Date
    May 2008
    Posts
    8

    Default Re: Getting Married To A Green Card Holder On J-1 Visa

    Quote Quoting Mr. Knowitall
    View Post
    I know nothing about your program or when it ends, so I'm not going to try to guess at whether you can reenter on your J visa after going home.

    If you intend to enter the U.S. to marry, and intend to adjust your status after marriage, consider seeking a fiancée visa after you return home to minimize the chance that you might be accused of entering under false pretenses. (Or consult an immigration lawyer.)

    I am working as a teacher on J-1 visa and my agreement is till june 2009. My visa stamp is till oct 5, 2008. Do I need to go to US embassy in my home country to get new visa stamp? If I have to renter in this country in aug 2008.

  5. #5
    Join Date
    May 2008
    Posts
    8

    Default Re: Getting Married To A Green Card Holder On J-1 Visa

    Quote Quoting T53147
    View Post
    Marriage to a green card holder grants you no status immediately. He can submit your paperwork as soon as you marry, but the estimated wait is at least 5 years.

    You need to maintain your own status through a work or student visa until your priority date for the spouse of a green card holder or until he can naturalize and file for you as the immediate family member of a citizen.

    Depending on your area of work, your best chance for immediate employment visa is a cap-exempt job at a non-profit institution.

    Check the USCIS and Department of State websites for detailed instructions. Work with an immigration law specialist if you still have questions.
    My j-1 will expire in june 2009 and as you said wait time for green card is 5-6 years. Till that time is there any way that I can be here on some legal status or do I need to go back to home country.
    What will be the wait time for green card if a citizen sponsers my green card?

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