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i have a J-1 visa but they want cancel it. If i marry US citizen in my county will the US embassy able to give me visa?
Atlanta, GA
Viewed 153 times.
Posted 4 months ago in Immigration
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I am in USA on J-1 visa issued by US embassy, but i didn't go to work where i suppose to. The sponsor agency sent me e-mail that they gona cancel my visa if i dont pay them 150 dollars. Can they do this? I am to get married US citiezen, but we want to get married in my country, will problems with my visa then even if they cancel my visa now?
Answers (1)Elaine Carol Schneider
This attorney is licensed in Dist. of Columbia and 2 other states.
Posted 4 months ago.
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J-1 visa comes with a two-year home-rule unless it is indicated otherwise. There is a waiver, however, that can be costly and time-consuming. Since you didn't go to work where you were supposed to go, you could be considered a "visa violator." Certain categories of "visa violators" are inadmissible into the United States, specifically the Student categories if so found. The $150? What is in your contract with that agency? Perhaps that amount was to cover filing and processing. It would be difficult to answer that question without all the documentation--you can pay them, and then sue if the $150 isn't in your contract, and there is some reason you shouldn't have to pay that fee- or you could leave the U.S. immediately, so that you aren't a visa violator to avoid complications. You can marry in your country, however, you must then file with the U.S. Embassy there, (even if the I-130 part goes to the USCIS in the U.S. for initial approval), the packet would be available there, or on the internet on the USCIS.gov, and the US DOS (Dept. of State) Embassy for your Country website. So, you may not just re-enter the US after marrying in your country-- you would have to wait until approved (conditionally for marriage under 2 years, and marriage must be bona fide). Again, I would not stay any longer in the U.S. if you are violating the terms of your J visa. (Usually there's an adjudication required where you violated the terms of your visa rather than merely the time restrictions, such as purpose versus time allowed).
Good luck. |