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What is the best/easiest way for a US citizen to marry a J1 visa student from Taiwan?

Grand Canyon, AZ |

My girlfriend and I are looking to get married. She is currently in the US on a J1 visa. She has to return to Taiwan to complete an internship. She believes that coming back to the US on a tourist visa is the best way for us to get married in the future. I feel that getting married now and submitting a K1 visa is better. Which way is better, and has less chance for denials or delays?

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Attorney answers 3


K-1 is the proper way.


Your girl friend can not apply for a B visa so that she can come to the U.S. to marry you. Before you start her permanent residency process, you have to make sure that she is not subject to 2 year foreign residency requirement.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.



I understand you can apply for a waiver if there is a two year requirement. I also understand there are lots of complications involving tourist visas, namely potential fraud. In this situation there is a pre-existing relationship. In your personal opinion would you recommend getting married now and then immediately applying for a K-1 visa while she is overseas completing her internship?


Using a tourist visa with the intention of marriage is a VERY VERY BAD idea.

You are correct, use a K for her to enter and get married within 90 days of arrival.

Or, you can get married now and she can go home, do her internship, and return with a greencard.

NOTE: You didn't tell us whether or not she has a 2 year restriction on her J. If so, then she needs to stay home for 2 years before coming back as fiance, or spouse.

Franco Capriotti - Senior Immigration Counsel

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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