Legal Question in Immigration Law in California

I am a Us citizen and my boyfriend is Irish. We have been in a relationship for 3 years, here is currently here on a 12 month J1 internship visa, however, he has not been successful in obtaining an internship yet. He only has 30 more days to secure an internship or he will have to leave. He was also here last summer on a J1 travel and work visa for 3 months. We are planning on getting married, and were hoping to have this year to just live together and for him to get some work experience (there were no internship/work opportunities for him in Ireland). At this point we know we do not want him to go back home and know that engagement and marriage are the next step. Can we apply for a 6 month fiancée visa if he is currently here on a J1 visa that may run out in 30 days? Or would he need to go back to Ireland and then apply? It would be nice to not have to waist a ton of money on flying back and forth, but we want to make sure that our timing is right and do not violate any laws. Neither of us have a criminal record, and we are in a legitimate relationship that I assume would not be hard to prove (I have dated letters, pictures, and flight information for multiple visits over the last 3 years).

Asked on 10/16/12, 3:27 pm

1 Answer from Attorneys

Seeta Nangia Law Offices of Seeta Nangia
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If he would like to enter as a K-1 nonimmigrant, he will have to obtain the visa from the U.S. Consulate in Ireland. Since your boyfriend is a J-1 visa holder, he may be subject to the two-year home-country residency requirement. If he is subject to this requirement, he will have to apply for a waiver, or reside in Ireland for two years before he can apply for a green card through marriage. You should consult with an immigration attorney to determine the best option for you and your boyfriend.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: seeta@nangialaw.com

Website: www.nangialaw.com

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10/16/12, 5:20 pm

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