In love with J1: options during 2 year HRR

S

serge_ca

New Member
I am in a heartbreaking situation and I would appreciate any help on this matter. I've been spending hours and days researching this almost surreal dilemma but haven't found any trustworthy info.

I am an LPR in the process of naturalization. I have a girlfriend from a Latin American country who is a J1, and *is subject* to the 2 year HRR. Unfortunately, getting a waiver for her is a very remote possibility. It would also be very difficult for me to spend a long time in her country.

With pain and disbelief I realized that even If I'm a citizen and we get married it is not possible for me to get her an immigrant visa/change of status until she serves her 2 year sentence. However, Section 212(e) does not prevent someone fulfilling the requirement from getting a B or an F visa, even though the time spent in those statuses would be added to the HRR. So my questions are as follows (assuming that I get naturalized soon):

1. How likely is she to get a B2 (visitor for pleasure) visa if she has a boyfriend or husbund in the US? She is on very good terms with the people that accomodated her during the program, would it help if they were the ones to invite her?

2. Will having a boyfriend/husband in the US impact her chances of getting an F visa should she decide to spend a semester or two in an American college?

3. Would getting married before she departs the US help or hinder my girlfriend in getting a B or an F visa?

4. If we get married before she's done serving the 2 year requirement can I still petition for a nonimmigrant visa for her right away or still have to wait until the sentence is served? I understand that getting an application for an immediate relative approved may still take close to a year. So it would be a relief to know that she can get the papers precisely 2 years after her exchange program has ended, rather than in 2.5 or 3 years...

In general, I would really appreciate any information and advice that would help us to be together. This prospect of long periods of time without each other is hurting us a lot. Thank you.
 
1. How likely is she to get a B2 (visitor for pleasure) visa if she has a boyfriend or husbund in the US? She is on very good terms with the people that accomodated her during the program, would it help if they were the ones to invite her?
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with a USC husband - unlikely.

2. Will having a boyfriend/husband in the US impact her chances of getting an F visa should she decide to spend a semester or two in an American college?
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having a USC husband will affect the chances negatively

3. Would getting married before she departs the US help or hinder my girlfriend in getting a B or an F visa?
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hinder
4. If we get married before she's done serving the 2 year requirement can I still petition for a nonimmigrant visa for her right away or still have to wait until the sentence is served?
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you may want to petition for her immigrant visa instead.

I understand that getting an application for an immediate relative approved may still take close to a year. So it would be a relief to know that she can get the papers precisely 2 years after her exchange program has ended, rather than in 2.5 or 3 years...
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if you apply about a year before her HRR runs out....
 
LucyMo, thank you for your reply.

So according to your post I conclude:

1. Not getting married before she leaves will make it easier for her to come here as a visitor or a student.

2. If I apply for an immigrant visa for her a year or more before her HRR is served, she'll actually get it about the time she's done fulfilling the requirement.

Correct?
 
First of all our sincerest sympathies...It is hard!

Second, there two lines of action in his case:
* Why did you say it is impossible to get a waiver in her case?? Why not try and see where it goes . She can/should also try to extend her J1 for now just to buy time and do the waiver. There are always legal ways to stay longer in the US!!!

* There are no rules against her coming back to the US on any type of VISA (tourist, business, F1, J1, etc...) as long as the US embassy/consulate gives her one, whether she is married , engaged or not it makes no difference. In fact being married might help her get a visa once she’s back to her country if she had too to go back..

What is important here is to remember that she will always be subject as long as she didn't get the waiver or served the two years. Which is something to consider in your plans!


As far as you guys getting married (now) I think it will not make much difference right now, may be if you were a Citizen then of course it will help by you claiming you cannot go to her country (Hardship), and ask for waiver on that basis. Not sure, from your email you can do that now or if you can claim so.

Lastly assuming the worst case scenario, which is she has to leave for 2 yrs, in my opinion then getting married now (obviously this needs to be done for the proper reasons and not to get a waiver or come back to the US) should help at the end, even if she has to leave to her country. You guys can get all the paper work ready for her while she's serving the two years.

In summary, I'll do this in order:
* Check/Start the process of getting an extension of her J1
* Check/Attempt a waiver (unless you absolutely believe there is no way?)
* Do get married if you're both sure of it. That should have nothing to do with immigration in my opinion, otherwise you’re setting yourselves to failure.
* If extension approved you can claim hardship waiver or work something during that time.
* If waiver approved then you're fine
* Waiver impossible/denied or extension denied, or she has to leave she cam always come back on another kind of visa (I se no problem with that).

* Worst case scenarios no extension, no waiver, no visa, and 2 years right now, and then you're back together! By the way she can come and visit you while she’s serving the 2 yrs and you can go and visit too, so it is not that bad really.

So do no despair and good luck,





serge_ca said:
I am in a heartbreaking situation and I would appreciate any help on this matter. I've been spending hours and days researching this almost surreal dilemma but haven't found any trustworthy info.

I am an LPR in the process of naturalization. I have a girlfriend from a Latin American country who is a J1, and *is subject* to the 2 year HRR. Unfortunately, getting a waiver for her is a very remote possibility. It would also be very difficult for me to spend a long time in her country.

With pain and disbelief I realized that even If I'm a citizen and we get married it is not possible for me to get her an immigrant visa/change of status until she serves her 2 year sentence. However, Section 212(e) does not prevent someone fulfilling the requirement from getting a B or an F visa, even though the time spent in those statuses would be added to the HRR. So my questions are as follows (assuming that I get naturalized soon):

1. How likely is she to get a B2 (visitor for pleasure) visa if she has a boyfriend or husbund in the US? She is on very good terms with the people that accomodated her during the program, would it help if they were the ones to invite her?

2. Will having a boyfriend/husband in the US impact her chances of getting an F visa should she decide to spend a semester or two in an American college?

3. Would getting married before she departs the US help or hinder my girlfriend in getting a B or an F visa?

4. If we get married before she's done serving the 2 year requirement can I still petition for a nonimmigrant visa for her right away or still have to wait until the sentence is served? I understand that getting an application for an immediate relative approved may still take close to a year. So it would be a relief to know that she can get the papers precisely 2 years after her exchange program has ended, rather than in 2.5 or 3 years...

In general, I would really appreciate any information and advice that would help us to be together. This prospect of long periods of time without each other is hurting us a lot. Thank you.
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NewReadyToHelp said:
First of all our sincerest sympathies...It is hard!
* Worst case scenarios no extension, no waiver, no visa, and 2 years right now, and then you're back together! By the way she can come and visit you while she’s serving the 2 yrs and you can go and visit too, so it is not that bad really.

So do no despair and good luck,
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I disagree. My wife is serving her 2 years........and it seems like a lifetime. It IS that bad really. 2 years is a loooooooong time, and anyone who says it is not , is either not dealing with reality, or is not that close to the person they are separated from, and so the time does not matter.

I can speak from experiencing it for nearly 2 years already , that it is a lifetime. And if "Serge_ca" can get any kind of waiver, I would advise him to do whatever he can to get it. On that part....I agree.

As for the rest.......to "serge_ca".......

1) Yes, it is possible for your wife to get a tourist visa. My wife was able to do so, but it took me personally walking into the consulate and speaking face to face with a person in authority to do it. If I had not done so..and being married, I have my doubts they would have granted her the tourist visa.

You have to plan ahead. And if there is any way you can go to the consulate BEFORE any paperwork, any interview......do so. Otherwise, if you just wait for her to go to the "bank window" and get her 5 minute interview after waiting in a room with a hundred other people , all waiting to get a visa, it will be a remote chance she will get it.

Being married......actually made it harder to get a tourist visa, because they knew my wife had eventual immigrant intent. It was by my going there, and by my wife presenting what she could to persuade them that she would come back , that it was then...and only then that they gave her the tourist visa.


2) Having a boyfriend will hinder the chances of an F-1 . If they learn she has strong ties to the US......that will hinder her chances....but will NOT make it impossible to get. ....only more difficult.



3) Marriage will definately make her chances more difficult. They will know she has immigrant intent. But it did not stop my wife and I (of course..we didn't know at the time just how complicated visa rules were) .....all we knew was that we loved each other......and so we got married...and now, for nearly 2 years apart, we are dealing with the stringent government rules.

4) Yes, you can petition for her. I have done so as well. I will say that , you should petition for her perhaps even earlier than 1 year away from her culmination of the 2 year HRR. We have had several delays........some RFE's.....etc......even though we retained a lawyer. J-1 issues are complicated, and it is possible, your case may take longer than 1 year.
If it does process early, you could always just call the embassy and postpone the interview. I petitioned for my with last May. Our interview, with the delays now and RFE's probably won't be until summer. If I had a chance to do it again, I would have done so.....say....a year and a half ahead.
As I said.....if it does process early.........just ask the embassy/consulate to postpone the interview until her 2 years are up, to be safe.
 
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First of all I didn't mean to belittle the suffering one might go through, of course when someone dear is away it will feel like ages. However the choice is between 2 years or never!

I also understand the value of a personal experience, but nonethless, If you are a US citizen and marry a non citizen the law allows for you to get together here in the US, whatever time that might take. How long it takes, how complicated, etc...is quite a case by case things that cannot be generalized. There is no rule that covers all, the ned result is that if you are married to US Citizen you will eventually enter the country and become a citizen too.

My reasoning goes like this:

If they are married and she applies to get back to the US (any kind of visa/status) she should have a better chance (on average) than if she is not marreid to US citizen and just JoeShmoe from a some country asking for a visa to enter the US.

I cannot see the US embassy/consulate refusing to let a spouse of a US citizen enter and making it easier for some one else. Granted there are bizarre cases, after all close to 70 millions enter the US every year.


My last advice is to seek a lawyer opinion (~$100 and may be free) and see what he/she says.

Good luck,


MPGGPM said:
I disagree. My wife is serving her 2 years........and it seems like a lifetime. It IS that bad really. 2 years is a loooooooong time, and anyone who says it is not , is either not dealing with reality, or is not that close to the person they are separated from, and so the time does not matter.

I can speak from experiencing it for nearly 2 years already , that it is a lifetime. And if "Serge_ca" can get any kind of waiver, I would advise him to do whatever he can to get it. On that part....I agree.

As for the rest.......to "serge_ca".......

1) Yes, it is possible for your wife to get a tourist visa. My wife was able to do so, but it took me personally walking into the consulate and speaking face to face with a person in authority to do it. If I had not done so..and being married, I have my doubts they would have granted her the tourist visa.

You have to plan ahead. And if there is any way you can go to the consulate BEFORE any paperwork, any interview......do so. Otherwise, if you just wait for her to go to the "bank window" and get her 5 minute interview after waiting in a room with a hundred other people , all waiting to get a visa, it will be a remote chance she will get it.

Being married......actually made it harder to get a tourist visa, because they knew my wife had eventual immigrant intent. It was by my going there, and by my wife presenting what she could to persuade them that she would come back , that it was then...and only then that they gave her the tourist visa.


2) Having a boyfriend will hinder the chances of an F-1 . If they learn she has strong ties to the US......that will hinder her chances....but will NOT make it impossible to get. ....only more difficult.



3) Marriage will definately make her chances more difficult. They will know she has immigrant intent. But it did not stop my wife and I (of course..we didn't know at the time just how complicated visa rules were) .....all we knew was that we loved each other......and so we got married...and now, for nearly 2 years apart, we are dealing with the stringent government rules.

4) Yes, you can petition for her. I have done so as well. I will say that , you should petition for her perhaps even earlier than 1 year away from her culmination of the 2 year HRR. We have had several delays........some RFE's.....etc......even though we retained a lawyer. J-1 issues are complicated, and it is possible, your case may take longer than 1 year.
If it does process early, you could always just call the embassy and postpone the interview. I petitioned for my with last May. Our interview, with the delays now and RFE's probably won't be until summer. If I had a chance to do it again, I would have done so.....say....a year and a half ahead.
As I said.....if it does process early.........just ask the embassy/consulate to postpone the interview until her 2 years are up, to be safe.
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If you are a US citizen and marry a non citizen the law allows for you to get together here in the US, whatever time that might take. How long it takes, how complicated, etc...is quite a case by case things that cannot be generalized. There is no rule that covers all, the net result is that if you are married to US Citizen you will eventually enter the country and become a citizen too.
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this is not true and you are naive to think so.
 
my J1 visa and marriage with US citizen

Hello,
please help me, I'm very confuse.
I'm an exchange student with 2 HRR J1 visa. Me and my american boyfriends are thinking about marriage so that I could stay.
What should we do? Should we marry? If we do will I stay here? If I'll be married to him could I come back to US in 2 years without problems?
Please help.
 
I hate to go through this again with you, but would you care to elaborate and tell us what is naive about my reply.


It is quite odd coming from someone, like you, who came to the US on J1 married a US citizen and got the citizenship...




LucyMO said:
this is not true and you are naive to think so.
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NewReadyToHelp said:
I hate to go through this again with you, but would you care to elaborate and tell us what is naive about my reply.

It is quite odd coming from someone, like you, who came to the US on J1 married a US citizen and got the citizenship...
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first, I am not a US citizen.

second, if a person is inadmissible and cannot get a waiver of inadmissibility, being married to USC doesn't help him. He/she still cannot be with the USC in the States, and to my knowledge, there is no law that states that a person married to USC has the right to live in the States with their USC spouse.
 
I'm sorry, I just got very confused.I'm sorry. I had never gone through such procedures before. I know almost nothing about visas and everything is so confusing.
I was just wondering should we marry or there is a better way for me to stay with my boyfriend and what are the chances that I will stay without serving 2 HRR now if we marry.
 
Regina, since you didn't provide any info about your program, we can't even start helping you.

I'd advise you to check the information about obtaining a waiver on www.travel.state.gov first, and then come back with particular questions.
 
May be you need to re-read my post more carefully.





LucyMO said:
first, I am not a US citizen.

second, if a person is inadmissible and cannot get a waiver of inadmissibility, being married to USC doesn't help him. He/she still cannot be with the USC in the States, and to my knowledge, there is no law that states that a person married to USC has the right to live in the States with their USC spouse.
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Hello again,
Now i have certain questions. Please help me and unswer them.
As I said I'm an undergraduate exchange student with J1 visa with HRR. If i'll apply for a no objection waiver (I was told that this is the best option for me as marriage is not considered a hardship) will my chances be better if I'll be married or not? And how much time this process usually takes? Are there any particular things that will help me to get the waiver like job or smth else?
Thanks, Regina.
 
I have read the following paragraph and I agree with LucyMO. The bolded sentence is not accurate in my opinion. If an alien is inadmissible and cannot get a waiver of inadmissibility, then being married to a US citizen will not help. I disagree with the wording "will eventually enter the country".

NewReadyToHelp said:
I also understand the value of a personal experience, but nonethless, If you are a US citizen and marry a non citizen the law allows for you to get together here in the US, whatever time that might take. How long it takes, how complicated, etc...is quite a case by case things that cannot be generalized. There is no rule that covers all, the ned result is that if you are married to US Citizen you will eventually enter the country and become a citizen too.
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