QUESTION
How does one marry a non-US citizen on a J-1?
Asked on Jul 20th, 2014 on Immigration - Washington
More details to this question:
My longtime girlfriend is a German citizen and currently in the US on a J-1 visa. She is working in NYC and I (US Citizen) am currently working/residing in Hawaii. We have substantial proof (photos, letters, travel documents, etc.) which show a bona fide relationship. We are looking to get married in September in Hawaii; however, she will have to return to NYC after our wedding and her visa expires on October 31, 2014. She is granted 30 days after her visa expires to travel and the plan is for her to come to Hawaii. Currently, she has a flight booked at the end of November to return to Germany. Her J-1 includes the exemption from the 2 year home requirement. That said, I understand that I will have to fill out a petition (I-130) and she will have to fill out an I-485 packet. This process is lengthy and I am curious if she will be able to stay in the US throughout this process even though her visa expires at the end of October. Furthermore, will we be able to do this with her in NYC and me in Hawaii?
3 ANSWERS
Yes, she will be able to remain in the US throughout the entire process if you submit I-130 and I-485 concurrently and will not have to return to Germany. The process will take about 4-6 months. Even if her visa expires once you start the process, her status will be protected by the filing of these petitions.
Answered on Jul 28th, 2014 at 10:47 AM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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First of all, she should not travel to Germany (unless there is a major emergency) until she gets her green card. So get married, file all the documents and wait until she gets her green card. The fact that her visa expires is irrelevant; she can remain in the US. The fact that you two will live in different states will be suspicious (for a fake marriage), so you will have some explaining to do. Also, you will be called in for an interview at the USCIS office nearest to your home. So you must decide where home is, NYC or HI. Your case is a bit more complicated because of your circumstances, so I would recommend at least consulting with an attorney or better yet, hiring one to help you through the process.
Answered on Jul 22nd, 2014 at 4:49 PM
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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She can remain in the US. The package should also contain an I-131 and an I-765 which will allow her to travel and assume employment while remaining in the US.
Answered on Jul 22nd, 2014 at 4:49 PM