Student here on j1 visa 7 months...want to get married

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onealleycat@gmail.com - 05 Feb 2008 17:12 GMT

Question....
If a student is here on a j1 visa with the 2 year rule applicable...18
years old and decides to get married to an American Citizen, can he
file for a Change of Status and legally live in the US?

There was no fraud in the intent to be here...came on an exchange
program, fell in love and wants to marry here...been here already 7
months as a student.

If I am reading the documents right, he was supposed to return home
for a minimum of two years after the program ended...but I am
wondering what happens if he marries and a change of status form is
filed. Can he legally stay? What would be the procedures? How long
would it be before he could apply for a Green card, work permit and so
forth.

Alley

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Lagomorpheus - 05 Feb 2008 21:54 GMT

The J1 student subject to the 2-year rule cannot change status to an
immigrant visa unless he applies for and receives a waiver:
http://travel.state.gov/visa/temp/types/types_1267.html#12

I don't know what the success rate for getting a waiver is, perhaps
others will comment. You might also try posting your question on
visajourney.com

For information about obtaining a waiver, see:
http://travel.state.gov/visa/temp/info/info_1296.html

The J1 student is still free to marry the US citizen, but if no waiver
is obtained, then the couple shall have to plan on living in the J1's
home country until the 2-year requirement has been satisfied.

Marie

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Immigration Forum / USA Marriage Base / February 2008

Student here on j1 visa 7 months...want to get married