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  1. #1
    Join Date
    Jan 2010
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    2

    Default Marrying a U.S. Citizen on a J1

    As far as I understand it is possible (and legal) to enter the US on a J1 visa, marry a US citizen and then apply for adjustment of status. My concern however, is how suspect this would look to the USCIS.

    Example:
    I obtain a J1 that is valid for 4 or 5 months for a trainee position, that is NOT subject to the 2-year home country rule. 3 months after entering the US (when I have let's say 2 month left on my visa) I marry my american fiancée who is a US citizen. Then I would in theory be able to apply for adjustment of status. If I've got it right, the only "illegal" thing about this situation would be to enter the US with a J1 with the intention of getting married, since there are other kinds of visas for this purpose (K1). The problem is to make sure that noone finds out about this intention.

    If someone has a J1 that is valid for let's say 4 years, it's much easier to claim that the marriage wasn't planned and it basically "just happened", since the marriage can take place much later after entering the US, than in my example above. Would the USCIS suspect that a marriage that takes place only 3 months later actually was planned long before I entered the US, and therefore is an illegal act? It's apparently recommended to wait at least 2 months before getting married to not raise any suspicions, but would that be enough? If they start to ask questions and start to investigate why the marriage took place that soon, they would probably look at the wedding pictures and realize that in reality, it took way longer than just 2 or 3 months to plan. Is there any good way of doing this? The other option would be a K1, but I'd prefer not to wait for another 6 months to get the K1.

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

    Default Re: Marrying a U.S. Citizen on a J1

    Quote Quoting wavedom
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    Would the USCIS suspect that a marriage that takes place only 3 months later actually was planned long before I entered the US, and therefore is an illegal act?
    I can't speak for the USCIS, but I certainly would suspect it. Wouldn't you?

    Your J1 entry would only be for the four to five months?

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Marrying a U.S. Citizen on a J1

    I agree that in some cases it would appear to be suspicious. However, there are numerous people who get into the country on a F1 or J1, but for a longer period of time (3 or 4 years for example) and then marry a US citizen without anyone suspecting that something's wrong. The difference here is that my visa would only be for 4 or 5 months.

    I believe the law states that it's illegal to "intend to immigrate" on a J1, but would this mean that I'm not even allowed to think the thought of marriage when I apply for the visa or when I enter the US border on this visa (provided that I intend to do an AOS application)? If she is my fiancee we have obviously already thought of getting married. The main purpose for this J1 would be the trainee position, which I have to complete, regardless if I'm married or single. If my only purpose was to get married we would of course do the K1. The main problem seems to be the fact that a hypothetical marriage would occur too soon after entering the country, thus making it appear a bit suspicious.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Marrying a U.S. Citizen on a J1

    I'd go legal.

    Finish your J visa...

    Return...file for a K-1.

    You could marry while here and file under the Marriage Visa, but in reality, the K-1 Fiance Visa is quicker and easier.

    PS: 6 months is a nice time frame, but in reality it usually takes longer. Figure 4-6 for application approval, then all the medical testing, consulate interview, etc., on your end to get the Visa....

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