J2 Visa for Fiancee

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phant

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Hi

I previously posted a thread regarding Visa waiver options for radiologists on a J-1. I am a South African national and am currently planning to start a Radiology residency in July 2006 in Maine. I will be getting married early in 2006 and have a few questions regarding a the J-2 visa for my (future) wife:

1) For how long is the J2 Visa valid?
2) What are the requirements for obtaining such a Visa?
3) Is one allowed to work in the US on a J2 visa (is this standard on a J2) and are there limitations to employment held?
4) Should one expect difficulty in applying for (and obtaining) a J2 visa in general?

I appreciate your input and assistance.

Regards
Marc :)
 
once u marry her , she becomes your dependent and automatically qualifies for J2, u just have to file paperwork for her. well about the job , she has to say that she is only doing the job to keep occupied but not to support or supplement your income and visa is valid till your visa valid( once u get waiver job her visa will automatically convert, hope this helps
 
No problems in getting J2 visa
When u apply for J1 the J2 visa form ( dependent ) needs to be filled if u get married by That time.
At the consulate they want to see marraige certificate, so Fiancee will not help
She can work if u apply for work permit stating that he/she is only doing it to keep them busy rather than to support u.
Its valid as long as u are on J1 visa and she is subject to same requirement as u are in terms of HRR
Work permit will only be issued for a max of 4 yrs, so be careful first find a job then apply for work permit because if u apply for one ( 4 yrs duration starts from the date of first issue)
 
> 1) For how long is the J2 Visa valid?

As long as your J1 is valid.

> 2) What are the requirements for obtaining such a Visa?

Beeing your dependent. Not having had any major problems with US immigration in the past (evictions, overstays and the like)

> 3) Is one allowed to work in the US on a J2 visa (is this
> standard on a J2) and are there limitations to employment held?

Yes and Yes.
She can apply for employment authorization and work.
BUT, as someone pointed out there are limitations on the amount of money she is allowed to make. She is not allowed to make a 'significant contribution to the family income' whatever that means. I don't know how and if they enforce that rule at all.


> 4) Should one expect difficulty in applying for (and obtaining) a J2
> visa in general?

Not more or less than obtaining ANY US visa these days.


Another thought: You might want to think about keeping her OFF the J2 alltogether.

You will make about 45k as a first year resident. This might be enough to enroll her at a community college in ME and bring her over on a F1. Depending on her job skills and level of education, she might be able to find an employer to hire her on an H1b visa. Labor certification (pre-requisite for permanent residency) times in Maine are rather short (maybe a year). She might be able to obtain permanent residency through her own employment completely independent of you while you are still a resident. If she goes on the J2 on the other hand, she is blocked from adjusting until you have found a way to extricate yourself from the dreaded 'foreign residency requirement'.

Oh, one more option: She can get a J1 on her own e.g. by doing some sort of 'work experience' program. Depending on her job description, this J1 is NOT subject to the 'foreign residency requirement'. There are 'educational organizations' that sponsor J1s for money. If she found a job that can be fashioned as a 'trainee' position within the framework of the exchange visitor act, this would give her time to look for real (H1b) employment or even a green-card.

You see, I am not a big friend of the J1/J2 business. While I don't see myself as a 'victim' of some evil conspiracy, I will do anything I can to point people to alternative ways of coming to the US.
 
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Job description

Hi Hadron

Thanks for your great advice. My fiancee is a qualified teacher in South Africa and holds a BA degree. Any further advice you could give bearing this in mind?

Thanks!
Marc
 
> My fiancee is a qualified teacher in South Africa and holds a BA
> degree. Any further advice you could give bearing this in mind?

Is that a 4 year degree ? (or if it is a 3 year degree, does she has a couple of years of job exxperience and some additional qualifications ?)

If she has a 4 year degree she can get an H1b by her own job. I don't know what the requirements to become a teacher in ME are, but there are allways some 'uncertified' teachers working as substitutes in US schools (as a matter of fact, I have a relative in ME working as sub-teacher. she might be able to tell me what you need for that)

But even if she can't get a job in teaching. She might be able to find something else to get her a visa status independent of your J1.
 
You say that you start in radiology in july 06. Is that a 5 year program with integrated internship or did they waive your internship requirement based on your SA experience ?

You have more than one year left. You and your (future) wife should look into the website of the state board of education of Maine on how to get a teaching certification. She might have to take a test, but some of these professional tests are offered overseas through e.g. Sylvan testing centers (the guys that used to do the USMLEs). You can probably get some test-prep literature through bn.com or amazon.com

If she holds a teaching certification, she should be able to find a job giving her an H1b. She could even get a GC throug 'special handling' labor certification (a shortcut for university professors and teachers, the employer doesn't have to proove that there was no american for the job).
It is a slightly perverse situation. Getting a GC is easier for a 'specialty cook chinese' than for a physician. If you guys plan on going to the US for good, you might be better off having her take the lead.

That assumes of course that she wants to teach.

One more thing. If you get married in SA, be sure to get an 'apostile' affixed to a copy of your marriage certificate. Based on the Hague convention, this is the official certification by the SA goverment to the US goverment that this is a genuine document. (You might have to look around who issues apostile. It might be a district court, the justice ministry or the SA foreign ministry.)
 
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Marriage certificateIs

Is there a way of certifying the authenticity of a foriegn marriage certificate while in the US, in order for them to hold it valid for J-1/J-2 visa issues?
Thanks!
 
> Is there a way of certifying the authenticity of a foriegn marriage
> certificate while in the US, in order for them to hold it valid for
> J-1/J-2 visa issues?

I don't know how much they care about the veracity of your marriage certificate when it comes to the J1/J2 visa process.

I am only aware of the 'apostile' process. But this is something that your home country has to do. You might be able to send a relative back home to the courts to do the footwork.

It also makes a difference whether your home country is a party to the 'The Hague convention' or not. If they are a party, there is a set format for the apostile (with numbered lines so that the receiving country can interpret it regardless of the language:line one is name, line two is dob etc )
 
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