Can you marry on a J-1 visa and get a green card?
Marriage-Based Green Cards Can You Marry a U.S. Citizen While on a J-1 Visa and Get a Green Card? J-1 visas often come with the requirement that the holder return home at the end of the visa term and spend two years there before attempting to return on an H, L, K, or immigrant lawful permanent resident (LPR) visa.
Can a J-1 Exchange Visitor get married in the US?
If you’re a J-1 exchange visitor who recently married a U.S. citizen or green card holder (permanent resident), you can apply for a marriage visa to live with your spouse in the United States.
Can a J1 visa holder become a permanent resident?
For one, the J1 visa is not a “dual intent” visa, which is a nonimmigrant visa that permits visa holders to petition for permanent resident status without affecting their nonimmigrant visa status. Also, to obtain a J1 visa you must prove that you have close ties to your home country and that you plan on returning there after your J1 visa expires.
What happens if my J-1 visa expires before marriage?
If your J-1 status expires before the approval of your marriage-based green card and you can’t maintain valid status, you will need to return to your home country and continue the process there.
Can J-1 visa holders apply for green card?
Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.
What visa do I need to marry a U.S. citizen?
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
Can J1 visa holder bring spouse?
If a J-1 exchange visitor has a spouse and/or unmarried children under 21, those family members are eligible to come to the U.S. as J-2 dependents. Each J-2 dependent must have a Form DS-2019. ISO issues DS-2019s for all dependents listed on the initial J Visa Request form.
Can you stay in the US if you marry a citizen?
Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.
How do you get married in the US with a non U.S. citizen?
To get married in the U.S., you simply need the proper identification to apply for a marriage license in the county in which you are to be married. In most cases, you'll need to provide a valid passport. You may also need to prove that you are old enough to be legally married and that you are not already married.
Can you get married in the US on a work visa?
If you're an H-1B holder who fell in love and married an American or a lawful permanent resident (green card holder), you can apply for a marriage-based green card to ensure you're able to stay in the United States permanently and continue working. A green card also gives you an eventual pathway to U.S. citizenship.
How can I stay in US after J1 visa expires?
Travel and J1 Travel Grace Period If you are applying for a J1 visa extension, you can still travel outside of the U.S., you just need to make sure you have a valid J1 visa stamp on your passport. If this visa stamp has expired, you must get a new visa before you travel.
How long is a J1 visa good for?
Length of Time Business and Industrial Trainees Can Stay in the U.S. on a J-1 Visa. Business and industrial trainees may be issued J-1 visas for a maximum of 18 months.
How long can I stay after J-1 expires?
a 30 dayGrace Period: J-1 Visa Holders have a 30 day grace period after the end date on their DS-2019 Form. The Grace Period is a benefit of the J-1 status to allow J-1 visa holders time after their status to remain in the US.
How long after marrying a U.S. citizen can I get a green card?
On average, to get a green card through marriage, you will need between 11 months to 14.5 months. So we can say that to get a marriage green card depends on three main factors that impact the green card timeline.
How long does K-1 visa take?
The processing time for a K-1 visa application currently averages 7 months. This does not include the time from when the government approves your application to your interview date, which differs based on the country you're applying from.
What is B1 and B2 visa?
B1 and B2 visas are generally referred to as “B visas”, and they are the most common types of visa issued for a wide range of uses in the United States. The B1 visa is issued mainly for short-term business trips, while the B2 visa is issued mainly traveling for tourism purposes.
Can you get married on a B1 B2 visa?
Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.
What is a k3 visa?
The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a “green card”).
What is a two year degree?
Programs teaching specialized knowledge or skills. If you are from a country that has listed your area of U.S. study as falling within a field of specialized knowledge or skill that's necessary to the development of that country, the two-year requirement will be applied.
Can I get a green card if I married a US citizen?
citizen, be able to apply to adjust status immediately, and to complete all your application processing and get a green card without leaving the United States. The process involves submitting Form I-485 along with other forms, documents, and fees to U.S. Citizenship and Immigration Services (USCIS).
Can I Get a Waiver of This Requirement?
A waiver (legal forgiveness) is available, which might allow you to remain in the U.S. and apply to adjust status and receive a green card without leaving and waiting two years first. The bases for requesting such a waiver include:
Does My J-1 Program Come With a Two-Year Home Country Physical Presence Requirement?
Here are the types of programs that normally require J-1 visa participants to be subject to the two-year home country physical presence requirement:
How to apply for a J-1 visa?
The processing time varies depending on which of the five bases you qualify for. The general guidelines are as follows: 1 Start by completing the DS-3035, J-1 Visa Recommendation Application through the State Department’s Online Service. You will need to print out the DS-3035 with a unique barcode. 2 Mail the printed waiver application to one of the two addresses listed on the website along with copies of all DS-2019 and IAP-66 forms ever issued to you as well as two self-addressed and stamped legal-size envelopes. These must be submitted together with the processing fee of $120 3 Submit supporting documents for the statutory waiver basis you qualify for. 4 Check your waiver request status. Also, if you change your address after filing the waiver, you will need to update that on the website. 5 It takes between one and four months to process the waiver.
What if My J-1 Visa Expires While Waiting for Marriage-Based Green Card?
Due to the long waiting time, your J-1 status may expire while the USCIS is processing your green card application. Every alien on a nonimmigrant status must depart the U.S. upon the expiration of their visa. It is a violation of immigration law to overstay your visa period unless you maintain valid immigration status by getting an extension of your J-1 visa or changing your status to that of another type of temporary visa.
How many statutory bases are there for marriage?
There are five statutory bases that allow you to waive the requirement and start your marriage-based green card processing. You will need to qualify for at least one of the bases and file your waiver following that very basis:
How long does it take to get a marriage card?
It will take 10 to 13 months to decide and issue a decision on your application. For a marriage-based card sponsored by a permanent resident, you will need to factor in the time you will spend waiting for the priority date to be current. The overall processing time could be as long as two to three years.
What is an I-130?
I-130: This is officially called Petition for Alien Relative, which must be completed by your U.S. citizen spouse. The I-130 petition is used to establish the marital relationship as well as to show your spouse’s willingness and readiness to sponsor your J-1 to marriage-based green card application.
Can I file an I-485 for marriage?
Once a visa number is available, you can proceed to file your I-485 to adjust your status from J-1 to a marriage-based green card.
Can I file an I-130 with my J-1?
The difference is that you cannot submit the two forms together at the same time. Your permanent resident spouse will need to first file an I-130 and wait until the petition is approved before you can continue the process.
How to prove you did not misrepresent your intent for a J-1 visa?
To prove that you did not misrepresent your original intention for obtaining a J-1 visa, you would need to provide documentation such as email correspondence between you and your program sponsor, detailing the official start and end dates of your training. (See this article for other ways to demonstrate to the U.S. government that you have commitments and strong ties to your home country.)
How to get a J visa waiver?
Step 1. Visit the State Department’s J Visa Waiver Online service, and complete Form DS-3035 ( officially called the “ J Visa Waiver Recommendation Application”). You will receive a case number and a printable Form DS-3035 with a unique barcode. Step 2.
How to get a green card for my spouse?
First, your spouse who is a green card holder will need to file the family sponsorship form, or Form I-130 (officially called the “Petition for Alien Relative”). Once the Form I-130 is approved, you must wait to receive a visa number.
What form do I need to get a green card if I'm married?
First, your spouse who is a green card holder will need to file the family sponsorship form, or Form I-130 (officially called the “Petition for Alien Relative”). Once the Form I-130 is approved, you must wait to receive a visa number.
How long does it take to get a green card if you are married?
government — your green card should arrive within 10 to 13 months from the time USCIS receives your application package.
How long do you have to wait to apply for a marriage based green card?
As in “Path 1” above, the best way to avoid triggering the 90-day rule in this case is to wait at least 90 days after last entering the United States before applying for a marriage-based green card (submitting Form I-485 only).
How long do you have to wait to get married if you aren't married?
If you aren’t married already, it’s also generally a good idea to wait 90 days since your last entry to get married.
How long does a J1 visa last?
Typically, J1 visa holders are told upon applying for their visa whether or not they are subject to the two-year foreign residence requirement. This information will be listed on your Form DS-2019, where the consular officer should indicate your status relevant to the two-year rule. Your visa stamp should also contain information on whether or not this restriction applies to you.
What do you need to transition from J1 to green card?
If you seek to transition from J1 to green card, you will have to show that your desire for permanent residence arose from unexpected changes in your personal circumstances. This can include, for instance, if you have married a U.S. citizen.
How to get a J1 waiver?
Submit your immigrant petition together with your J1 waiver, along with proof that you did not initially have immigrant intent upon obtaining your J1 visa. Submit your J1 waiver first, wait until it is approved, and then submit your immigrant petition. Submit your immigration petition first, wait until it is approved, then submit your J1 waiver. ...
How long does it take to get an I-140?
Finally, adjusting your immigration status also involves filing a Form I-485, which takes an average 6 months of processing time along with the I-140 and PERM certification.
How many options are there for a J1 waiver?
Once you have obtained a J1 waiver, you have three different options for submitting the waiver. Which is the best option for you will depend on your particular immigration status, whether or not you are subject to the two-year foreign residence rule, and if you can prove a lack of immigrant intent. Consulting an immigration attorney can help you determine which of the three following options gives you the best chance of success:
Can a visa sponsor revoke a J1 visa?
Another obstacle that may arise in obtaining a J1 waiver is that your visa sponsor may revoke your J1 visa once you petition for a green card. This goes back to the issue of immigrant intent. A J1 visa is a nonimmigrant visa, and visa sponsors don’t want a reputation with the U.S. government as a J1 program that noncitizens use to transition to green card status. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful.
Can a J1 visa be changed to a nonimmigrant visa?
Many J1 visa holders seeking permanent resident status also first change their visa status to a nonimmigrant visa with dual intent, like an H-1B. This lets them avoid potentially violating the terms of their J1 visa and the problem of immigrant intent.
What do CBP officers ask you when you arrive on a tourist visa?
When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.
What is the most important thing to prove to USCIS?
1. The Marriage Must Be In Good Faith. One of the most important things that you must prove to USCIS is that your marriage was entered in good faith. If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application.
What happens if you violate the immigration laws?
If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is proven, you will face serious consequences. At the very least, you will have to return to your home country. Worse still, you may receive a lifetime ban from reentering the US, a ban that may be extremely difficult to overcome.
How long does it take to get a visa if you have misrepresented your intentions?
1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview. 2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation. 3.
Did Joseph get married?
Joseph had no preconceived intention of getting married while he was in the US on a tourist visa, and the marriage was entered in good faith. Joseph consulted an immigration attorney and filed for adjustment of status successfully.
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