Marriage during a J1 visa in US?

Question

Hi,

I am a UK citizen currently in the US on a J1 visa, which expires in October. I do not have a 2-year home residency requirement. I intend marrying my girlfriend here. Anyone know how/what I need to do/restrictions/timeframe for everything?thanks!

Answer 1

Marriage does not enable people on non-immigration visas to change status.  Marry your gf and you have to go home while she applies for a spousal visa.  It will take about 2 years.  

The only way you can stay in the US while a spousal visa is processed is to enter on a fiance visa.  You must be in your country of citizenship when your fiancee applies and stay there until you are approved for the fiance visa.  It will take about a year.  Then you can enter the US, and you will have 90 days to marry and apply for the spousal visa.  You will get temporary leave to remain while it is processed.  After you get the spousal visa, you can apply for authorization to work.

Answer 2

You do not have to leave the USA.  You do not have to go back for 2 years.

If your girlfriend is a US citizen and you get married to her you will be allowed to adjust status and remain in the United States as an immigrant.

It's not a difficult process.  You don't need a lawyer.

She files I-130, I-864 and G-325A.

You file I-485, I-765 and G-325A.

You file all of them at the same time, in the same envelope.

Answer 3

Hello fellow UK citizen,

I am married to a US citizen and as a result have a green card. I could write many paragraphs on my experiences with immigration, marraige and becoming a US resident but to put it all in a nutshell......the best information you'll get will come directly from the INS (website). I've even been led astray by immigration attorneys.