J-1 Visa Annuled by Marriage- is This Possible?

[sviaticr]

Hello All,

Thank you for taking the time to read this!

I recently found out, that my girlfriend came to the US on a J-1 visa, where she is working as a nanny in a family. Her visa expires, in the middle of 2009.

We would like to get married and have her stay in the states, and attend college here.
She hates working as a nanny, and has been overworked by her family.

1. If we get married, does her J-1 visa get cancelled?
Since marriage is a personal decision, and she will have married while in the US.

2. After marriage, what documents will she receive, and what is the time frame of recieving them?

3. Will she automatically recieve a green card, and will she be able to leave to her country and come back? (hopefully 3-6 mo after the marriage)

-Thank you for your help!

[mmadsen55]

You have to be very careful to make sure you distinguish between marriage and VISA....one does not automatically affect the other.

Her J-1 VISA will not automatically terminate when you get married.
The Marriage will not automatically grant her residency (Green card).


Below is a link to a website that has a ton on info on residency through marriages, VISA and other immigration related topic. Search through this site to help you get some answers.

In General, once a citizen marries a foreign national, the citizen will file a I130 Peititon for their spouse, the spouse will file an I485 adjustment of status to Legal permanant resident (green card), and you can also file I765 work authorization while the I485 is in process.

In your case, she will be adjusting her status from a J-1 VISA visitor to a LPR though your marriage. The time frame to receive the permanant residency card is 6 months to 2-years, depending on your situation.

** Some J-1 VISAS have a requirement that the VISA hold must return to their county for a certain period of time before they can re-enter the US.

While the I485 is in process, it is possible for her to travel outside the US and return, you would have to file for permission before she leave..it is called advance parole.

Read through this website and search more of the threads on this forum..you will find a lot of similar situations.

http://www.uscis.gov/portal/site/uscis