What happens to J1 status after marriage to a US citizen?

Asked almost 2 years ago - Arlington, VA

If someone is in the US on a current non-expired J1 visa with 2-year home return requirement what happens to his status after marrying a US citizen? If I understand it correctly, he can't file for adjustment of status/permanent residency until a J1 waiver is obtained, but will he in the meantime loose his J1 status because of the marriage? And could he renew his J1 visa for an additional year or is that not possible any more after getting married (since J1 is supposed to be a non-immigration visa)? Any asvice would be greatly appreciated.

Attorney answers (3)

  1. Emily Katherine Allen

    Contributor Level 13

    4

    Lawyers agree

    Answered . Marriage itself doesn't violate the visa, but the intent to remain permanently in the U.S. does.

    And no, you cannot apply for permanent residency through marriage unless (1) you return to your home country for the requisite two years, or (2) you obtain a waiver of the residency requirement (which is borderline impossible on some J's, like the Fulbright). I strongly encourage you to meet privately with an immigration attorney before you do anything so that you're sure to have accurate information. Do not take action on the basis of self-help or internet research.

    THIS ANSWER IS FOR INFORMATIONAL PURPOSES ONLY, DOES NOT CONSTITUTE LEGAL ADVICE, AND DOES NOT CREATE AN ATTORNEY-... more
  2. Gen Kimura

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with my colleague.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Ms. Allen.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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