- we've been together for 1,5 years and met in san francisco while she was on a J-1 Visa
- She returned home for 2 month and is now visiting me in Alabama on a waiver Program
Marriage yes ... stay in the US and adjust-status?????? Tricky ... especially since she went home for a mere 2 months.
Talk to an attorney ... don't plan on doing anything within 60 days of arrival. And, then, you'll only have 30 days to do all the paperwork .... not a good plan.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
5 lawyers agree
Marrying her is one thing; applying for and being granted permanent residence is another. Because she was previously in the US on a J1, she might be subject to the two-year foreign residence requirement. I would strongly suggest that you consult with an experienced immigration attorney near you for a full review and advice as to how you may proceed.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
You get one clean shot - consult an immigration attorney.
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2 lawyers agree
Certainly can marry but the question is whether a green card is possible. An attorney needs to determine if there was a two year.requirement on the J visa and if not what action to take. Also your status as Us citizen or permanent resident needs to be determined, which will affect the green card.