Legal Question in Immigration Law in California

US citizen marrying a J1 visa holder?

Hi,

I am a US citizen, living in the US with my girlfriend (a J1 visa holder). We plan on getting married soon. She was awarded a J1 Visa after she was hired by a company as an intern which is valid until June 2011. From my understanding, if she resigns from that internship, her visa will no longer be valid, and she will have to go back to her home country or find another internship within 30 days even though she has a visa expiring in June 2011. Is that correct?

I also wanted to know, once we get married, if she would be able to stay legally (without necessarily having to work) in the U.S if her J1 visa becomes no longer valid? Are there any procedures we would have to comply with following our wedding? If yes, how long does it usually take.

Thanks for your help,


Asked on 7/07/10, 7:52 pm

3 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, after marriage she might be able to stay in USA -- if you petition for her as your wife and she files for adjustment of status (provided that she is not subject to 212e foreign residency requirement).

Yes, she doesn't have to work. However, if no longer works for her employer, she will become out-of-status (J1 status).

If you need advice or legal help, please email.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

Read more
Answered on 7/08/10, 6:56 am
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Assuming that your fiancee is not subject to the 2-year home country requirement, all sponsorship paperwork can be filed concurrently with the USCIS upon marriage and she can continue to remain legally in the U.S. without having to maintain J1 status. She will receive (independent of J1 status) employment authorization and advance parole document to allow her to be employed and travel until she receives resident status in the U.S.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] if you require additional guidance.

Read more
Answered on 7/08/10, 7:14 am
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Once you and your girlfriend get married you can petition for her. She will be able to stay and adjust her status in the U.S. However, this is provided that she is not subject to a two-year residence requirement on her J1 visa.

Read more
Answered on 7/12/10, 2:42 pm


Related Questions & Answers

More Immigration Law questions and answers in California