Hi. Specific question about J-1 Visa

B

bpdavis

Registered Users (C)
I have been studying the law on this, but I would like more clarification from people who have been through this, or generally DO know the law. Here is my quick scenerio:

My girlfriend is from Brazil on a J1 Visa as an au pair. We are in love. It IS real, and I want to marry her. Now, i did some research, and apparantly, if this two year rule does not apply, it makes things much more easy.

Here is the deal. I want to marry her in November. Is there anything 'special' i have to do to get married since she is a foreigner. Or is it like marrying any other person? Any advice on this is greatly appreciated.

Now, her Visa says "Bearer is not subject to section 212(e). Two year rule does not apply"

So does this mean when we get married in Nov, that she can immediately stay with me and not have to continue the au pair?

That is the only questions I have for now. Any help given is greatly appreciatied.

Brian
 
For one you are lucky ... (because you are in love but also) because the 2yr rule does not apply to her. Someone may explain the details better than me but you both will have no problem planning your future.

Congratulations

Alex
 
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I'm glad to hear you say that. Gives me some relief.

I welcome any advice or knowledge about my situation. Thanks.
 
your situation is like the situation for everybody else.

She'll need her birth certificate and you will need your marriage certificate to apply for her GC. ONce you get a notice of receipt for your forms - she can quit being an au pair and stay legally in the US until her GC interview. A better subforum for you would be GC Marriage based one.

Here are the forms you need to submit:

http://uscis.gov/graphics/howdoi/LPRApplication.htm

So, it's form I-130 +

Form I-485 Application to Register Permanent Residence or Adjust Status

Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)

Form I-693 Medical Examination Sheet

Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)

Form I-864 Affidavit of Support (completed by the sponsor).

Form I-765 Authorization for Employment (if seeking employment while case is processed). =====>>> if she wants to work

Form I-131 if she wants to travel overseas while waiting for her GC

Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).




I-130 and I-485+G-325A+I-864+I-693 can be submitted concurrently. I-765 and I-131 can be submitted later, but it's better if submitted together with I-485.
 
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OK, so i will apply to get married here in Texas.. we get married. What will SHE need for us to get married?

Then once we are married and we get the license.... and we sent our marrage certifciate and her birth cert, to get the GC, how long will it take to get the notice of receipt do you think?

Thanks for all your help.
 
call probate court or city hall and ask them what specifically is required to get married in your state. The requirements change from state to state.

Then, once you are married and you have a marriage certificate, follow the instructions on the forms, enclose everything they ask for, mail it altogether + the check for fingerprints ($70, I think). ANd about a month later you shoud get the notices of receipt, after which your spouse will be in "AOS pending status".
 
bpdavis:

bpdavis, I'm really happy for your situation. One question, How did you do it? Now, her Visa says "Bearer is not subject to section 212(e). Two year rule does not apply"That is what I am looking for my wife. My only difference from you is that I'm already married and desperately looking for a solution to end my worries. I hope you are still in this forum. Or if anyone has the same good outcome as bpdavis please email me tone33012@yahoo.com Thank you all.
 
I think some J-1 visas are just like that. Not all J-1 visa holders are subject to the 2-year HRR. I think the same was true for my first J-1 visa (just says "Not Subject" on it). Then I returned as a Fulbright Fellow and was subject to section 212(e).

I doubt you need anything special to get married as a foreigner. I was married to a U.S. citizen while I was still on a J-1 and do not recall having to provide any documents when applying for a marriage licence. This was in Pennsylvania, so your situation could be different, but I doubt that they would care about your wife's visa status.
 
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