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  • J1 visa and marry?

    I am thinking of marrying a person who is in the US with a J1 visa now. Her visa ends 10/05. I am a US citizen. If we marry, will she be able to stay in the US while the immigration process is proceeding? Anyone have this sort of experience? Thank yuou for any help.
    Jack

  • #2
    I am thinking of marrying a person who is in the US with a J1 visa now. Her visa ends 10/05. I am a US citizen. If we marry, will she be able to stay in the US while the immigration process is proceeding? Anyone have this sort of experience? Thank yuou for any help.
    Jack

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    • #3
      If her J-1 visa has a home residency requirement on it, she will not be able to adjust here status before she spends 2 years in her home country (or obtains a waiver).

      If she does not have that requirement, then no problem - she can file I-485 concurrently with I-130, and stay in the US until the petition is approved.

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      • #4
        She is from Thailand. How do I know about the home residency requirement?

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        • #5
          Hello Jackh,
          I was in the same situation.
          What she will need to do right now is to verify wether or not the 2 year home requirement apply to her. Most of the time it does on J1 visa even if it's not stated on her visa. Secondly, she will need to apply for a waiver to the 2 year home residency if she wants to stay here and adjust status. Meanwhile, I will suggest that she applies for extension of stay and at the same time apply for waiver. That should give you a little bit of time. Once you have the waiver, then you should be good to go.

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          • #6
            Thank you for your information. She is here as an Au Pair and sponsered by another family. If she files for an extension is the host family still responsible and needed to agree to her extension? Or can we marry now and she would live with me while we process for the waivers and extensions? Her J-1 expires this Oct.

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            • #7
              Find out if she has that HRR first (look at her visa in the passport - it is usually printed right on it).

              If she doesn't, you don't need to care about waivers or extensions - you can just get married, and file an I-130&I-485 for her right away.

              If she does, though, it will make it more complicated....
              In that case you better not get married until she gets a waiver (if she even can get it - it's not a very simple procedure) - if you do, she may not be able to extend her J-1 status any more, because of a clear immigration intent.

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