Marriage between two J-1 VISA

C

camillas

New Member
I'm Swiss, I have a J-1 VISA and because I got a Government Fellowship (9 months in the U.S. as Vsiting Scholar), I'm subject to both condition 2-years Home Residence Requirement and 24-month bar. In June my VISA will expire, and if I go back to Switzerland I have to stay there 2 years before I can apply for another J-1 or another kind of VISA (except for a tourist one, but this is not what I need...)
I have now a relation with a Spanish researcher and I would like to stay here longer for living with him. He has a J-1 VISA like me but it will expire in 2 years.
(1) If we marry in Spain or in Switzerland -- do I get a VISA as spouse and can I stay here in the U.S.?
(2) If we marry in the U.S. --- do I get a VISA also in this case?
(3) If he changes VISA (from J-1 to H etc.), is it better for our situation?
Thank you in advance!!
 
Once a J-1 is determined to be subject to INA 212(e) they either have to fulfill the 2 years or get a waiver. Neither J-1 who is subject can adjust status as an immigrant and cannot get an H-1B without the waiver.

As the spouse of a J-1, you could switch to J-2 without leaving the U.S. or getting any waiver. Changes to LPR ot H1-B will still be prevented even from the J-2 because of your J-1. IF the Spaniard is not subject to INA 212(e) your prior comitment will not transfer to him but if he is not subject, that does not transfer to you. You still have to fulfill the requirement OR get a waiver.
 
THANK YOU very much for your answer, BigJoe5!
I have only 2 little questions left:
1) you say that as the spouse of my boyfriend I could switch to J-2 without leaving the US or getting any waiver but...the marriage should happen in Spain (or SWitzerland) or in the U.S.?
2)Should the marriage happen BEFORE my J-1 expires OR also after that? I guess that the last scenario is not possible, since coming back to Switzerland means to stay there, without any possibilty to get a new VISA, that is J-2, for coming back to the U.S.....
 
You have to get married BEFORE the J-1 expires, and file for a J-2 dependent status (through your spouse's employer/ sponsoring institution) well before your current visa expires. Do not 'overstay'. You will have to go back to your home country to get a J-2 visa stamped. You may get J-2 visa without waiting for 2 years but you cannot get a H-1 or Green Card. This woud be a short-term fix. Talk to a lawyer about more permanent solutions. Good luck!
 
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