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.
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 a J-1 visa be used for a B-2 visa?
If, for example, you originally traveled to the United States on a B-2 visitor (tourist) visa and later returned to the United States on a J-1 visa, the 90-day rule would apply to the date you entered the United States on the J-1 visa, not the B-2 visa. But let’s suppose that you entered on a B-2 visa.
Can you get married on a J-1 visa?
J-1 visa holders are completely free to marry U.S. citizens, but that does not automatically qualify them for permanent resident status (green card). In order to make that transition, there are several steps that need to be taken.
Can J-1 visa be converted to green card?
Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. There are a number of problems with attempting to transition from a J1 to a green card.
How can I stay in US after J-1 visa?
Visitors can transition from the J-1 visa to permanent residence in two different ways. They can also decide whether or not they want to take advantage of consular processing and make a status adjustment. An adjustment of status requires the joint cooperation of the visitor's employer and the visitor.
Can J-1 spouses work?
The law does allow for the spouses of J1 students, exchange students, to work in the United States. The process is relatively straightforward. The J2 visa holder needs to file an I-765, which is a simple one-page form that the immigration services use for work authorization.
How long can I stay in US after J-1 visa 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.
What is the 2 year rule for J-1?
Overview. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).
Can a J-1 visa holder buy a house?
Typically, you can get a loan as a J1 visa holder. Meanwhile, buying a home can be difficult, and you might stumble across several obstacles. But that doesn't mean it is impossible. You can access a mortgage as an L1 visa holder, or as a TN visa holder.
Can I convert J-1 visa to H1B?
How to transfer your J1 Visa to an H1B Visa. To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.
How many times can a J-1 visa be extended?
There are particular extensions available for professors and research scholars on the J-1 visa program. After the initial three-month maximum duration period, eligible individuals can extend their stay for six months to complete their designated research or program.
What is J-1 visa rules?
In order to be eligible, participants must be between the ages of 15 and 18.5 by the first day of school. They must not have completed more than 11 years of primary and secondary school (excluding kindergarten), and they must not have previously participated in a secondary school exchange program in the US.
What is the benefit of J-1 visa?
A J1 Exchange Visitor improves a host of their professional skills: Learn the latest industry innovations, technologies and methodologies. Future Career Path Preparation: The J1 internship helps you prepare yourself for accelerated success in your chosen discipline thus enjoying a fast track career to the top.
Does J-1 SSN expire?
The SSN given to international students never expires. However, the annotation "Valid for Work Only with DHS Authorization" could be removed from the SSN card when an international student changes to a permanent resident status.
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).
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:
Carl Michael Shusterman
I agree with my colleagues. Although it states two year home country physical presence requirement, that does not mean it does not apply. Consult with an immigration attorney who can request an advisory opinion. Good luck.
Jason Todd Lorenzon
Being on J-1 has nothing to do with whether or not your can get married. Whether you can legally get married depends on whether you or your fiancee are currently married, and on whether you meet the requirements for marriage at the location where the marriage takes place.
J Charles Ferrari
This is not illegal at all. Just because your visa does not state that, does not mean you are not subject to the requirement. Look at your DS 2019 as well Consult an immigration attorney If you "like: this answer, please visit our website www.immigrate2usa.com...
Neil Ian Fleischer
You could get married, it is not illegal. Sent on the Sprint® Now Network from my BlackBerry
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.
What is a J-1 visa?
Most people traveling to the United States as citizens of another country will need to obtain a visa before entering the United States. You can get a nonimmigrant visa for temporary stay or an immigrant visa for permanent residency.
What to consider before changing status from J-1 visa to marriage green card
Before changing your status from the J-1 visa category to the marriage-based green card category, there are a few things you need to know to make sure that you’re following proper U.S. immigration law procedures.
How to change status from J-1 visa to marriage green card if your spouse is a U.S. citizen
There are two application paths for J-1 status spouses of U.S citizens. You can either apply for your marriage-based green card from within the United States through a process called “adjustment of status” or apply from your home country through your local U.S.
How to change status from J-1 visa to marriage green card if your spouse has a green card
Your marriage green card process will look slightly different if you’re married to a U.S. green cardholder. Your spouse will have to file Form I-130 or the “Petition for Alien Relative” family sponsorship form. After U.S. Citizenship and Immigration Services (USCIS) approves your Form I-130, you’ll need to wait to receive a visa number.
How to change status from J-1 visa to marriage green card if you overstayed your visa
Sometimes J-1 visa holders intentionally or unintentionally “ overstay ” their visa or remain in the United States after the expiration of their visa. If caught overstaying your J-1 visa, the U.S. government may ban you from returning to the United States for several years.
Conclusion
Applying for a marriage green card can be complicated, but working with a good immigration attorney can make it easier. If you can't afford the attorney fees and don't want to handle your green card case alone, we may be able to help.
