Permanent Resident marrying boyfriend with J-1

[SC2009]

Hi,

I live in NYC and am a Permanent Resident. My boyfriend is from France and under a J-1 visa till March. We would like to get married. However I am confused about whether I can file for him while he is here so he doesn't have to leave or does he have to leave the country and then enter on a fiance visa or wait for the petition to be approved (which I hear takes a long time). Please help!What is the name of your state (only U.S. law)?

 

[candg918]

There are two issues with your situation

Since he has been on J-1, he may have a 2 year home residency required.

While you may petition a spouse as a permanent resident, there is a 5-6 year wait for a visa number. If you become a citizen, it goes to to less than a year. You may not petition a fiance until you become a citizen.

He may find an employer and come on a H1B or L1 visa after he satisfies any home residency.

 

[SC2009]

reply to j-1 visa marry LPR

thank you so much for your response! just a few things...

-the 2 year requirement has been waived

-so our only option is to get married, file, and then he has to leave the country till his visa is issued in his country????

 

[candg918]

He may find an employer to file for an H1B visa. The quota has not yet been filled. If they file in priority processing, he will have a decision on the petition in less than a month; if they file as a change of status, he need not leave the US to begin working assuming he is still in status at the time of filing. Since he needs it in March 2010, it is possible to file now as filings may occur 6 months before the job is to begin.