Can I travel on a J1 after marrying a USC?

L

Loebas

Registered Users (C)
Hi,

I have a J1 visa and got recently married to a USC. I just found out that it's unadvisable to travel outside the US because marrying a USC can be interpreted as an intention to immigrate and re-entry into the US can be denied.

First of all, how do they even find out that I'm married when going through immigrations? It seems to me that if I have the proper documentation and don't mention anything, I should be fine. Or am I missing something and would I be taking a huge risk?

I have been advised to consult an immigration attorney and I'm currently looking for one. Does anybody know how an attorney can possibly help with my situation? In other words, what does an attorney know that I don't know? Is there some kind of waiver that only an attorney can get for you?

thank you
 
1. My friend was on J1 visa and got married to a USC. She kept her J1 Visa status and did not apply for GC. Sometimes she visited her home country to see her family and she came back to US without any problem.

2. I was on J1 visa and got married to a USC and "did I-130". I kept my J1 visa status and did not apply for GC for a while, due to The Two-Year Home Country Residence Requirement. I was advised by my immigration lawyer not to travel out of US, until my J1 visa waiver case get settled down. At that time, I did not apply for J1 waiver yet, although we were preparing for it. My J1 visa was expired at that time although I had extended and valid DS-2019. Staying in US with DS-2019 and with expired J1 visa sticker is fine. To enter to US, valid DS-2019 is not enough, but we need valid/not-expired Visa. So, in my case, if left US, I needed to get J1 visa at US consulate office. At this time, US consulate officers can see my I-130 application history in their computer. I-130 is something to prove that my marriage to my USC husband is genuine. This is required in the process of GC application too. So, doing I-130 has a chance to be considered that I have immigration intent and prevent me from receiving a non-immigrant visa (ex. J1 visa) to US. For this reason, my lawyer told me not to leave US.

3. The difference between my friend in 1 and me in 2 is "I-130". Do you have a valid Ds02019? Do you have a valid/not-expired J1-visa sticker? Did you submit I-130 or other GC documents? Do you have immigration intent? Can you explain well that you have no immigration intent?

4. The above information in 1 is about 3 years ago. The information in 2 is about 2 years ago.

5. You should check this with your J1 program visa officer. The J1 program visa officer in my program knows these things very well and assisted my friend in 1. There were many program participants that got married to USC in the program. If it comes to I-130 or J1-waiver or GC application, you'd better consult an immigration lawyer.
 
Loebas said:
Hi,

I have been advised to consult an immigration attorney and I'm currently looking for one. Does anybody know how an attorney can possibly help with my situation? In other words, what does an attorney know that I don't know? Is there some kind of waiver that only an attorney can get for you?

thank you
Click to expand...

A good experienced immigration lawyer can provide you information you need and clarify your understanding. This is huge help. When you want to apply for J1-waiver, using immigration lawyer is also helpful that they tell you submit this and this and this to them and they will take care of the application. They know what "this and this and this" are from their experience (I mean from their clients experiences) , which is more than you would find in books or on USCIS webpage.
 
Thank you for you reply.

I did not file for I-130 or any other gc documents and I have a valid unexpired J1. We got married because we want to spend our life together but we don't know yet if that's gonna be in the US, my home country (the Netherlands) or somewhere else. I honestly did not know it could be a problem to travel on a J1 after marrying a USC, otherwise I would have waited till after the trip.

Based on 1. it shouldn't be a problem for me to get back into the US. I think I'll still consult an attorney, just to be sure although I'm not sure what he can do for me. I will ask my program officer as well, although he is kind of worthless. He failed to mention it is unadvisable to travel on my J1, while he knew I was planning to get married.
 
Kitten3, I consulted an attorney and she pretty much confirmed what you told me. As long as I have a valid visa/documentation I should be fine. I just shouldn't draw attention to the fact that I'm married but there's basically no way they will find out while going through immigration.

In the unlikely event I get asked if I'm married I obviously shouldn't lie about it but as long as I'm able to explain that I have no intention to immigrate it should be allright. Since I have not filed for a gc and we might end up moving to the Netherlands after all, there is clearly no intention to immigrate.

BTW I'm subject to the 2 year foreign residency requirement so I wouldn't be able to file for permanent residency even if I wanted to. I assume that will help my case if an immigration offcier asks me any questions.
 
Loebas said:
Kitten3, I consulted an attorney and she pretty much confirmed what you told me. As long as I have a valid visa/documentation I should be fine. I just shouldn't draw attention to the fact that I'm married but there's basically no way they will find out while going through immigration.

In the unlikely event I get asked if I'm married I obviously shouldn't lie about it but as long as I'm able to explain that I have no intention to immigrate it should be allright. Since I have not filed for a gc and we might end up moving to the Netherlands after all, there is clearly no intention to immigrate.

BTW I'm subject to the 2 year foreign residency requirement so I wouldn't be able to file for permanent residency even if I wanted to. I assume that will help my case if an immigration offcier asks me any questions.
Click to expand...

Form I-612 is used to file for a J-1 (section 212(e)) waiver. There is also a State Department component. Different specific circumstances change the process.
 
You must log in or register to reply here.
Top