J1 expires while trying to get waiver (married to US citizen)

[bachree]

Hi,
I am from Turkey and studying in USA for my masters degree. I am sponsored by Turkish government and i have a J1 visa with 2 year home country residency condition. It is going to expire in August when my study finishes. I am about to get married to my US citizen girlfriend and as far as i know i need to get waiver from Turkey in order for me to stay in US.
My question is assuming that i get married within march 2013 (3 weeks) and started the procedure for waiver document, it might take as long as a year if something goes wrong along the way to get the waiver. In such case my J1 expires and i am married to a US citizen. Do i have to leave US even though i am married? If i am allowed to stay here, am i allowed to work in my field of study even though i haven't got my waiver yet.
Thanks

 

[ChuckE]

Hi,
I am from Turkey and studying in USA for my masters degree. I am sponsored by Turkish government and i have a J1 visa with 2 year home country residency condition. It is going to expire in August when my study finishes. I am about to get married to my US citizen girlfriend and as far as i know i need to get waiver from Turkey in order for me to stay in US.
My question is assuming that i get married within march 2013 (3 weeks) and started the procedure for waiver document, it might take as long as a year if something goes wrong along the way to get the waiver. In such case my J1 expires and i am married to a US citizen. Do i have to leave US even though i am married? If i am allowed to stay here, am i allowed to work in my field of study even though i haven't got my waiver yet.
Thanks

From what I know, and according to DoS, you cannot adjust your status or receive any immigrant visa if you're subject to the 2 yr home country requirement, without first getting a waiver of that requirement. Getting married to your USC spouse doesnt give you any benefit whatsoever at this time. So to answer your question, it's your choice whether or not to stay beyond the expiration of your J-1 visa. You should know, however, that you will not be able to work with any immigrant work permit. I'm not sure if there's an OPT option for J-1 holders, as there is for F-1 where you can work for at least 1 year after graduate school. Maybe there is and you should find out so you can buy more time for yourself. What you should be doing is to apply for your waiver ASAP, which means immediately. You don't have time on your side. Good luck!

 

[worldispeace]

Hi,
I am from Turkey and studying in USA for my masters degree. I am sponsored by Turkish government and i have a J1 visa with 2 year home country residency condition. It is going to expire in August when my study finishes. I am about to get married to my US citizen girlfriend and as far as i know i need to get waiver from Turkey in order for me to stay in US.
My question is assuming that i get married within march 2013 (3 weeks) and started the procedure for waiver document, it might take as long as a year if something goes wrong along the way to get the waiver. In such case my J1 expires and i am married to a US citizen. Do i have to leave US even though i am married? If i am allowed to stay here, am i allowed to work in my field of study even though i haven't got my waiver yet.
Thanks

Talk to a lawyer my friend. I wish I could help.