J1 to J2: is it possible to marry her in the US?

R

reborg

New Member
Hello,

hope you can give some more information on this problem. My girlfriend and I (both italian citizens) are currently under two indipendent J1. I'd like to switch to a J2 using my soon to be spouse girlfriend's J1. The question is if it's possible to get married in the US (possibly Illinois) and use the US certificate to request the J2 (her sponsor accepted to give me this kind of visa). If this is not possible, I'm going for the standard way: get back to my own country, get married and ask for the J2 from there. FYI, my J1 will end in August 2007.

Thanks
Renzo
 
There is a thread that you may be interested in here:
http://boards.immigrationportal.com/showthread.php?t=232536

In your case, the first thing you need to clarify is whether or not you are subject to the 2-year home residency requirement?

2 things to keep in mind:
1- You cannot change from J-1 to J-2 in the US if you have the HRR and have not gotten a waiver,
2- The USCIS is usually tough on J-1 to J-2 conversions and you will have to make a very convincing argument.

It doesn't matter where you get married, the above requirements will hold either way.
 
I'm sorry, I forgot to mention that I'm not subject to the HRR. I'd like to ask you two more questions:
- what do you mean with "have not gotten a waiver"? I've been here in the US once using a visa waiver for 3 months. Is this kind of waiver?
- what is the reason why the USCIS is tough about this kind of conversion? Reading the thread you gave me: can they suspect me to be a potential immigrant? And by the way, the reason why I'd like to switch is because I'm tired to do scientific research, but I'd like to stay here if possible. She earns enough money for me to live here.

If the second point is really a problem, I'll wait the natural end of the J1.

Thanks again, this forum is one of the most valuable resources I've found.
Renzo
 
1- Gotten a waiver means received a waiver of your HRR from the US Department of State. If you are not subject to it (and you are sure, the stamp on your DS-2019 is not necessarily accurate), then this is not something you have to worry about. You might need to get an advisory opinion from the DOS that you are not subject to HRR just in case the USCIS suspects that you might be and asks you for evidence that you are not. In such a case, only an advisory opinion is your solid proof that you are not subject.

2- Don't wait until the natural end of the J-1, because then you will be out of status 30 days after your DS-2019 expires (or 30 days after you stop working, whichever comes earlier). Try to prepare your case now. However, if I were you, and I don't have an HRR, I'd look for some other job that would offer an H-1B or even green card sponsorship (even if outside of science), because then instead of applying for a J-2 you can apply for an H-1B or green card, which is a lot easier with USCIS than applying for a J-2. If you apply for a J-2, you will have to make a really convincing case that you do not intend to immigrate to the US (i.e. prove that as soon as your wife is finished with her program, you both will leave). A lawyer might help with this case.
 
I don't think changing J-1 to J-2 is difficult or different from changing to another non-immigrant status, and I don't think the USCIS regards it as a negative thing. Switching to J-2 does not indicate immigrant intent by any means, and he would have to prove the same non-immigrant intent if he were to change his J-1 to B1/2 or F-1.
 
You're right, LucyMO. It is probably not different than applying for another non-immigrant status. But all my research has indicated that it's nevertheless pretty difficult to go from a "higher" visa status to an equivalent or "lower" status, because it does indicate that one is trying to "buy time" in the US. Therefore, the onus is on the petitioner to provide strong evidence that the beneficiary does not intent to remain in the US. This is not the case, as you know, for an H visa, which is dual intent.
 
jk0274 said:
1- Gotten a waiver means received a waiver of your HRR from the US Department of State. If you are not subject to it (and you are sure, the stamp on your DS-2019 is not necessarily accurate), then this is not something you have to worry about.
Click to expand...

Out of curiosity this is what's on the visa inside the passport: "annotation N0003589301 P-3-05586 bearer is not subject to section 212(e) two year rule does not apply. Clearance rcvd 28 jul 2006"

jk0274 said:
You might need to get an advisory opinion from the DOS that you are not subject to HRR just in case the USCIS suspects that you might be and asks you for evidence that you are not. In such a case, only an advisory opinion is your solid proof that you are not subject.

2- Don't wait until the natural end of the J-1, because then you will be out of status 30 days after your DS-2019 expires (or 30 days after you stop working, whichever comes earlier). Try to prepare your case now. However, if I were you, and I don't have an HRR, I'd look for some other job that would offer an H-1B or even green card sponsorship (even if outside of science), because then instead of applying for a J-2 you can apply for an H-1B or green card, which is a lot easier with USCIS than applying for a J-2.
Click to expand...

Could be possible, but the CAP for this year has been reached. So if I submit for an H1-B right now then I have to wait 2008 back in my country. At least this is what I know, please correct me if I'm wrong.

jk0274 said:
If you apply for a J-2, you will have to make a really convincing case that you do not intend to immigrate to the US (i.e. prove that as soon as your wife is finished with her program, you both will leave). A lawyer might help with this case.
Click to expand...

Thanks for the suggestion, I think we have the strong case.
Renzo
 
reborg said:
Out of curiosity this is what's on the visa inside the passport: "annotation N0003589301 P-3-05586 bearer is not subject to section 212(e) two year rule does not apply. Clearance rcvd 28 jul 2006"
Click to expand...
that means that if you didn't receive funds for your J-1 from your govt or US govt, and if you weren't here for medical graduate studies or research, and if your particular profession is not on the skills list for your country, then you are not subject to HRR, and you don't need a waiver.
 
reborg said:
Could be possible, but the CAP for this year has been reached. So if I submit for an H1-B right now then I have to wait 2008 back in my country. At least this is what I know, please correct me if I'm wrong.
Click to expand...

The cap for fiscal year 2007 has been reached. Fiscal year 2007 is Oct 1, 2006 to Sept 30, 2007.

The cap for FY 08 has not been filled, as applications can't be filed before April 1 of THIS year. If you can file an H-1B petition (after your sponsor gets all other necessary paperwork) in April of this year, you can start working at the beginning of Fiscal Year 2008, which is Oct 1, 2007 - THIS year. That gives you only a couple of months without work.
 
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