Hi zeza,
A J-1 Visa is a non-immigrant visa designated "Exchange Visitor",
which means you have to comply with a two-year Home Country Residency
Requirement and share your experiences when you get home (whether you
are married or not). The only way around this is to apply for a
Waiver.
So, NUMBER ONE, check to see if you are eligible for a Waiver.
IF YES,
1) Apply for the Waiver
2) Get married
3) Apply for the I-130
4) Apply for an "Adjustment of Status" after you receive a visa number
note: Do not get married too soon after arriving in the U.S. - a
reasonable time must be seen by the authorities to assure them that
you did not enter the U.S. under false pretenses.
IF NO, get married, leave for your home country and:
1) Fulfill your Home Country Residency Requirement
2) Apply for a Nonimmigrant Visa for a Spouse (K-3)
or
IF NO, don't get married, leave for your home country and:
1) Fulfill your Home Country Residency Requirement
1) Apply for a Nonimmigrant Visa for a Fiance(e) (K-1)
>>>
J-1 Overview:
"J-1 is one of the two "exchange visitor" visa types (the other is Q).
Exchange visitors enter the US for a specific purpose (usually
education or training). Many (but not all) exchange visitors that
enter the United States are subject to a 2-year home country residency
requirement. This means that after finishing their traing/education,
they return to their home country to share the knowledge, experience
and impressions gained during their stay in the United States. Unless
USCIS approves a waiver for this requirement, J-1 exchange visitors
must depart from the United States and live in their country of
residence for two years before they are allowed to change their visa
status. United States Citizenship and Immigration Services (USCIS)
website has more information on Exchange Visitor Visas and obtaining
waivers of the two-year home country residency requirement."
http://mail.med.upenn.edu/~devrim/family/j1.html
Exchange Visitors Visas
http://uscis.gov/graphics/services/tempbenefits/exchvisit.htm
>>> Waiver
REMEMBER:
"You MUST have a waiver of J1 requirement before you can apply for
"Adjustment of Status". Therefore, make sure that you know whether you
are subject to the two-year rule. You can check your visa on your
passport, contact your country's consular service or even contact your
local USCIS office before doing anything else."
http://mail.med.upenn.edu/~devrim/family/j1.html
How Do I Get a Waiver of the Foreign Residence Requirement if I am an
Exchange Visitor?
http://uscis.gov/graphics/howdoi/exchvisit.htm
Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)
http://travel.state.gov/visa/tempvisitors_info_waivers.html
INSTRUCTIONS FOR APPLYING FOR A WAIVER OF THE TWO-YEAR FOREIGN
RESIDENCE REQUIREMENT PERTAINING TO EXCHANGE VISITORS ON THE J-1 VISA
http://travel.state.gov/visa/tempvisitors_info_waivers2.html
J-1 VISA, DS-3035 form, WAIVER REVIEW APPLICATION INSTRUCTIONS
http://travel.state.gov/visa/DS-3035.pdf
Instructions for "Personal Statement":
http://mail.med.upenn.edu/~devrim/family/j1-2.html
>>> I-130 Petition for Alien Relative
Immigration Through A Family Member:
http://uscis.gov/graphics/services/residency/family.htm
Petition for Alien Relative:
"You must first file an immigrant Petition for Alien Relative, form
I-130 for your spouse with the BCIS Office that serves the area where
you live. The BCIS will send you a Notice of Action (Form I-797)
receipt notice. This notice tells you that the BCIS has received the
petition.
You next file Petition for Alien Fiancé(e), form I-129F for your
spouse and children. Send the I-129F petition, supporting documents
and a copy of the Form I-797 receipt notice to this Department of
Homeland Security BCIS Address on their web site. "
National Visa Center (NVC) Sends Petition To Post
"After the BCIS approves the I-129F, it sends it to the National Visa
Center (NVC). The NVC sends the petition electronically to the embassy
or consulate in the country where the marriage took place. If your
marriage took place in the United States, the NVC sends the petition
to the embassy or consulate that issues visas in the country of your
spouse's nationality."
http://travel.state.gov/visa/immigrants_types_marriage2.html#3c
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
>>>
Additional Links of Interest
IF THE MARRIAGE OCCURS IN THE U.S.
IF THE MARRIAGE OCCURS OUTSIDE THE U.S.
http://www.shusterman.com/marriage.html
Nonimmigrant Visa for a Spouse (K-3)
http://travel.state.gov/visa/immigrants_types_marriage2.html#3a
Nonimmigrant Visa for a Fiance(e) (K-1)
http://travel.state.gov/visa/immigrants_types_marriage2.html#4a
FILE A PETITION FOR ALIEN FIANCÉ:
http://travel.state.gov/visa/immigrants_types_marriage2.html#2d
FORM 1-129F Petition for Alien Fiance(e):
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
USCIS Field Offices by State:
http://uscis.gov/graphics/fieldoffices/alphaa.htm
APPLY FOR A VISA
http://travel.state.gov/visa/immigrants_types_marriage2.html#5d
FORM DS-156 Nonimmigrant Visa Applications::
http://evisaforms.state.gov/
FORM DS-156K Nonimmigrant Fiancé(e) Visa Application:
http://www.visapro.com/US-Immigration-Forms/Fiancee-Visa-Application.asp
FORM I-134 Affidavit of Support:
http://uscis.gov/graphics/formsfee/forms/i-134.htm
ENTER THE U.S.:
What Must Happen After Getting the Fiancé(e) Visa?
http://travel.state.gov/visa/immigrants_types_marriage2.html#9d
REGISTER FOR PERMANENT RESIDENCY:
How Do I Change My Fiance(e)?s Status to Lawful Permanent Resident?
http://uscis.gov/graphics/howdoi/hdifiance.htm
"After marriage, your spouse must file Form I-485 Application to
Register Permanent Residence or to Adjust Status with the BCIS office
that serves the area where you live in the United States."
http://travel.state.gov/visa/immigrants_types_marriage2.html#9d
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
APPLY FOR CITIZENSHIP:
General Naturalization Requirements: Residence and Physical Presence:
http://uscis.gov/graphics/services/natz/general.htm
FORM N-400 Application for Naturalization:
http://uscis.gov/graphics/formsfee/forms/n-400.htm
I hope this helps to sort out the immigration maze a bit for you. If
you have any questions, please post a clarification request *before*
closing/rating my answer and I'll be happy to reply. Given so many
variables, there is no easy black & white answer, so much depends on
your personal circumstances.
Thank you,
hummer
Search Strategy:
Google Search: J-1 visa
I also searched the USCIS website
I was able to make use of my previous research on this subject. |
Request for Answer Clarification by
zeza-ga
on
28 Nov 2004 14:22 PST
i am not subject to home 2 year residence
|
Clarification of Answer by
hummer-ga
on
28 Nov 2004 15:07 PST
Hi zeza. When did you enter the U.S. and when does your J-1 expire?
What country are you from? hummer
|
Request for Answer Clarification by
zeza-ga
on
28 Nov 2004 15:59 PST
hi!i entered usa on aug 23,2003,au pair program was only for 1 year
then,but the gov extended the program for the second year,so i got my
second visa,the thing is that on my first year visa it says i m not
subjeto to home 2 year,and on my second visa nothing is marked,the
litlle boxes r left uncheckes,so i guess if i am subject to the home 2
years they would mark the box where it says subj to 2 year,and they
left everything unchecked
|
Request for Answer Clarification by
zeza-ga
on
28 Nov 2004 16:03 PST
i m from croatia,europe,and on my visa it says program
sponsor:american cultural exchange,llc,dba go aupair
|
Request for Answer Clarification by
zeza-ga
on
28 Nov 2004 16:06 PST
i just looked inmy passport on my visa and it says bearer is not
subject to section 212e,2 year rule does not apply
|
Clarification of Answer by
hummer-ga
on
28 Nov 2004 17:59 PST
Ok, zeza, that is good news, thanks. You can skip everything I posted
about Waivers and the K visas, and just concentrate on this:
1) Get married (congrats! 8-) - Yes, while you still hold your J-1 status.
2) Soon after the wedding, your husband will file a Petition for Alien
Relative, Form I-130 and I believe you can file your Adjustment of
Status, Form I-485 at the same time, but you will need to check with
your local USCIS office for any special local instructions first.
Local Offices:
http://uscis.gov/graphics/fieldoffices/index.htm
>>>
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
The I-485 - Application to Register Permanent Residence or Adjust Status
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Immediate Relatives
If you are the immediate relative (spouse, parent or unmarried child
under 21 years old) of a U.S. citizen, submit the following forms:
* I-485, Application to Register Permanent Residence or to Adjust Status
* G-325A, Biographic Information
* Either your original I-130, Petition for Alien Relative (if you
are filing concurrently)
* I-864, Affidavit of Support
* I-693, Medical Examination of Aliens Seeking Adjustment of Status
* All required supporting documentation as listed on the above forms.
http://uscis.gov/graphics/formsfee/forms/i-485.htm
You may download a package of all of these forms in PDF format.
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
Special Instruction:
"The I-485 in this case may be filed at the same time as the visa
petition (I-130) which is filed by the U.S. citizen or lawful
permanent resident. See your local office "About Us" page for any
special local instructions including any local forms needed to apply
for permanent residence."
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Petition for Alien Relative
"NOTE: If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant
resides. Applicants who reside in the jurisdiction of the Baltimore,
MD, District Office should submit the I-130 petition
and the Form I-485 concurrently to the USINS Vermont Service Center,
75 Lower Welden Street, St. Albans, VT 05479-0001.
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina,
Oklahoma, South Carolina, Tennessee or Texas, mail this petition to:
USINS Texas Service Center, P.O. Box 850919, Mesquite,TX 75185-0919.
If you live in Arizona, California, Guam, Hawaii or Nevada, mail this
petition to: USINS California Service Center, P.O. Box 10130, Laguna
Niguel, CA 92607-0130.
If you live in Alaska, Colorado, Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or
Wyoming, mail this petition to: USINS Nebraska Service Center, P.O.
Box 87130, Lincoln, NE 68501-7130.
http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf
The fact that you have been in the United States for over one year
before getting married will go very well in your favor. By the sounds
of it, you are all set to begin the process and start your new lives
together.
Please let me know if you have any other questions.
Wishing you well,
hummer
|
Request for Answer Clarification by
zeza-ga
on
28 Nov 2004 19:33 PST
hey,just one more quest,my boyfriend lives in ca ,and i live in ga,we
wanna marry in ca,do i have to finish my year as au piar and begin the
process or when i file for adj i will be in pending situation?can i
quit my family and just leave with my husnad?
|
Clarification of Answer by
hummer-ga
on
29 Nov 2004 08:54 PST
Hi again,
You can get married whenever you want to, the important thing is that
your I-130 and I-485 and other documents are submitted before your J-1
expires (in order to keep legal status). Given that you currently live
in different states and you would prefer to marry in CA, it might be
better to wait until your au pair assignment has ended. When your au
pair job is finished but before your J-1 expires (confirm that you
have a 30-day grace period), you could:
1) Move to CA (be sure to notify your au pair sponsor of any change of address)
2) Get married
3) Submit concurrent filing of I-130 and I-485 in CA (mailed to where
you would submit the I-485)
4) Submit I-765, Application for Employment Authorization
http://uscis.gov/graphics/formsfee/forms/i-765.htm
Please get in touch with all concerned authorities before doing
anything - there are so many little details that could effect how you
should proceed, it is impossible for me to tell you exactly what to do
in this public venue. You need to contact your local immigration
office, read your au pair contract, and contact an experienced
immigration lawyer for advice.
I hope this helps,
hummer
|
