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Marriage Questions

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phatsx

Junior Member
Ted P North Carolina

My girlfriend is here from Germany under a J-1 visa until March of 2006. We have decided that we want to get married. What is the best rout for us to take. I have been told two things, we should get a K-1 visa and the other was that she should come back under the visa waiver program and then we can get married (isn’t this illegal though?) I was also wondering if she can travel back to Germany while we are waiting for her green card approval after we marry?

Thanks,
Ted
 


fiance visa

I am a navy wife and a lot of my friends have married foriegn citizens so if you are military they can help you alot. Other than that call up the US embassy and ask them or go to


http://travel.state.gov/visa/immigrants/types/types_1315.html

that site should answer most of your questions.

PLEASE NOTE:
1 reason for a DENIAL of a visa is overstaying a previous visa.

Hope that helps.
________________
I am not a lawyer
 

evcalyptos

Senior Member
phatsx said:
Ted P North Carolina

My girlfriend is here from Germany under a J-1 visa until March of 2006. We have decided that we want to get married. What is the best rout for us to take. I have been told two things, we should get a K-1 visa and the other was that she should come back under the visa waiver program and then we can get married (isn’t this illegal though?) I was also wondering if she can travel back to Germany while we are waiting for her green card approval after we marry?

Thanks,
Ted
First you have to find out the conditions of her J visa: does she have a 2-year HRR noted or not?
Second, don't post here. There are several other groups far better suited to helping you find your answers. The phrase marriage-based comes to mind.

Yes, the VWP entry + adjust is illegal when planned ahead.
 
If she is already there on J1 and the rull for 2 years HRR applies for her, she must go home after the program, even the marriage can not help her, she must go home. Find this out. If the rull does not apply for her, get K1. If you apply for K1 she also must go home but only for a few months. I am in similar situation, I know it is hard and confusing. GOOD LUCK.
 

evcalyptos

Senior Member
vanyauzunova said:
If the rull does not apply for her, get K1. If you apply for K1 she also must go home but only for a few months.
Why would you write that?
If the 2-year HRR does not apply, she is eligible to Adjust Status in the US.

However, if she needs to go home first, a K-1 is the only solution.
 
I wrote this because she would be illegal to marry while she is on holidays. If she does so, she might manage with AOS but she might not. She will have to prove that she did not have the intention to marry when she came in USA . And this could be quite difficult.
 

evcalyptos

Senior Member
vanyauzunova said:
I wrote this because she would be illegal to marry while she is on holidays. If she does so, she might manage with AOS but she might not. She will have to prove that she did not have the intention to marry when she came in USA . And this could be quite difficult.
She's not on holiday, she's on a J-1 visa.

I appreciate where you're going with that, but you've got it mixed up.
 
Sorry, my mistake. She is illegal to get married while on J1 visa. If she gets married she will have to prove that she did not have the intention to marry. it is hard. SHE ONLY HAS THE RIGHT TO WORK, NOT TO MARRY WHILE ON J1.
 
They have better chance with K1. IF the rule for 2 years HRR does not apply. They may manage with AOS if they marry while she is on J1. But i say they MAY manage or they MAY NOT. If the rule for 2 years applies, GOD HELP THEM.
 

evcalyptos

Senior Member
vanyauzunova said:
Sorry, my mistake. She is illegal to get married while on J1 visa. If she gets married she will have to prove that she did not have the intention to marry. it is hard. SHE ONLY HAS THE RIGHT TO WORK, NOT TO MARRY WHILE ON J1.
Can you give me a link to the law (CFR or INA) that says it is illegal to marry while on a J-1? Or a website that says it like that?

Are you confusing 'marry' with 'marry + adjust status'?

There is nothing illegal about a J-1 marrying in the US, and adjusting status -unless- there is a 2 year HRR and no waiver applied for/received.
 
I hope you are right because if you are, everything would be much easier even in my situation. Please, give me a link to the law that says that marriage while on J1 or even while on B2 is legal.
 

evcalyptos

Senior Member
vanyauzunova said:
I hope you are right because if you are, everything would be much easier even in my situation. Please, give me a link to the law that says that marriage while on J1 or even while on B2 is legal.
You're forgetting the most important part:

It is illegal to -enter- the US as a non-immigrant with the intent to immigrate (except the hybrid K visas).

Your other posts indicate that you are outside the US, so the B option is illegal. Review the forms for the J-1 application and see if they ask you about having a boyfriend in the US. It may be very difficult for you to get a J-1.

The original poster in this thread is asking about a J-1 who is already in the US.
 

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