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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default U.S. Citizen to Marry a J-1 Visa Holder

    Hello,
    my situation is as follows:

    I am a U.S. citizen and want to marry my fiance. Currently she is living in the U.S. , California, and is working under a J-1 Visa as a student. Her visa is about four and a half months long. She also had a J-1 in 2007 and left the country in the proper time. Here are my direct concerns:

    When we are to get married here, after that, what petitions/waivers must be submitted to the USCIS?

    Will she need to return back to our home country after we are married?

    Her J-1 Visa expires sometime in September, approximetely how long does the process take to get a Permanent Resident status (conditional, I believe)?

    I will be consulting with an immigration attorney soon, however, I just want to have more information on the situation as this particular case, U.S. citizen married to J-1 is not described directly.

    Thank you.

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

    Default Re: U.S. Citizen to Marry a J-1 Visa Holder

    If she has a two year foreign residence requirement, she must either get that waived or spend two years out of the United States before she's eligible for an immigrant visa. You haven't told us if that issue is involved.

    While we're waiting for you to fill us in, take some time to review some of the dozens of threads on adjustment of status after marriage.

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: U.S. Citizen to Marry a J-1 Visa Holder

    Hello,

    I have reviewed, however, I do not have a particular answer. She does not have the 2 year rule (checked on the visa itself). Now, Since there are only about 2 months left, when I send I-130 and I-485 concurrently, and her J-1 expires, she will have to go back? Also, if this happens, doesn't that nullify the adjustment form I-485 as she is no longer in the U.S.?

    From my understanding and research so far, since she is legally in the U.S. at the moment I need to file the following:

    I-130 and I-485, also after those I-864 and G-325A.

    Thank you.

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