Please help me with my visa issue...?
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Please help me with my visa issue...?
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Firstly thanks for reading my question.I am an exchange visitor on a J1 visa working in USA right now.I came here with Summer Work and Travel program then i got my status extended.I have been in a relationship with an American citizen since two years ago when she was studying in my college in China.We are planing to get married here in US and first thing I want to know is in order o get married here, what kind of paperworks should we prepare since I am a foreigner?Another headache is I am on a terrible J1 visa which needs a waiver in order to get a green card.I want to know if it is true that even though i am married with a citizen,do i still need a waiver for my J1 visa?My understanding is since i am married to a citizen,all my status should be refreshed.Can anybody here give me a hand?We really cannot be apart from each other and I still have a lot of dreams to be done here.Thank you so much.I appreciate your time.
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Memo
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I'm not too familiar with the J status but my best advice is to consult an immigration attorney. They usually meet with you or sometimes over the phone for free for a 5 minute consult to discuss your status and explain the general process. There is too much crucial paperwork for you to do on your own accurately. It'll be worth paying the attorney to do this for you especially because if you make a mistake, it'll cost a lot more in stress to get it fixed and you can get deported and all that stuff. The attorney will probably know the immigration consular you'll have the interview with making it easier.
Generally, you don't need paperwork beforehand to get married (if you are already in the US). You can get married then go to the lawyer or start the paperwork and application process. If you are no longer in the US, your fiance needs to petition for a K Visa for you and the consulate in your home country will contact you to come in for an interview once they receive the petition.
Once you start the application, your J status shouldn't matter because you can apply for conditional permanent resident which is basically a conditional "green card".
I think using a lawyer will cost between $3,000 and $8,000 including the fees you'd have to pay for the marriage license. It varies depending on your current visa status.
This is what I've learned so far... I am in a similar situation. Good luck and Congrats!
-Edit-
Search for a website called Foreign Born. It has some relevant information on the forms you might have to fill and the fees as well as procedures and eligiblity. It's the only website I have found that provides detailed information. |
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clairehair
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You don't need any paperwork to get married. I was foreign and was on a tourist visa when I married my US citizen husband and I didn't need any paperwork to get married. I went home afterwards and he came to the Uk and I would never stay a minute illegally in any country so don't even consider it, its more trouble than its worth. Once you become a spouse of a US citizen everything changes and everything pertaining to your J1 visa is irrelevant. You then become an intending immigrant and can file for an adjustment of status etc , however make sure you get married before your J1 expires and it would be sensible not to leave the USA before you get married or afterwards until you have your greencard. If you stay on an expired visa before getting married then you will need an immigration lawyer if you marry before it expires its pretty simple. You cannot be out of status if you have applied for a greencard while married to a US citizen if even your J1 has then expired. So, to simplify this GET MARRIED NOW or before your J1 expires and do not leave the country. I am not an immigration expert, I have just been through a few processes so always confirm what you see on here. |
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