US citizen married J1 visa student

naw

New Member
hi. i recently got married on dec 10 2010. i am a US citizen but my husband is not and he was on a J 1 visa (subject to two year requirement). he was on a scholarship for one semester (fall 2010). he went back to his country to finish his studies, but i was told that i am unable to apply for a green card for him at this time due to his J1 status. i married him out of love and not due to a green card, otherwise he would have stayed and not cared. but do to his completion of his studies, he went back. can someone please tell me that i can be able to apply for a green card for him right now? i have a marriage certificate and i have changed my last name and done all the legal things. please help
 
Naw,
First file I-130 for your husband now.
And then check out which J-1 Waiver is appropriate for him. Usually No Objuction Statement is easier.
After he gets J-1 waiver, he can apply for GC.
 
Hi,

I have a question and would very much appreciate your help.

I'm a U.S citizen and my wife (we married on Jan 2011) has a J1 visa (subject to two year requirement). We are planning to get a waiver based on no objection from her home country (brazil). My plan is to get the waiver for her and after that apply for GC.

My questions are:
1. Should we indicate on the statement of reason to DOS that she is married to a U.S citizen?
2. Would USCIS reject her NOS application and ask her to apply thru hardship? (very difficult to get a waiver based on this)

Thank you in advance.
 
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