Legal Question in Immigration Law in California

Re: J1 visa holder allowed to get married?

Yes you can fix this problem, if you are in Southern California contact my office.

Re: J1 visa holder allowed to get married?

You may or may not be subject to the two year foreign residence requirement for some J-1 visa holders. This determination is one riddled with errors on the part of Consular Officers who don't fully understand the law in this area. Even if your DS-2019 says you're subject to the requirement, you may not be. If you are, then a discussion about waiver of the requirement is in order. One of my first cases close to 30 years ago was for a geologist who thought she was subject to the requirement and she was thrilled when I told her that she was exempt from the requirement and that the consul had erred in determining she was subject to it. Her green card was a lot easier as a result of my analysis.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Re: J1 visa holder allowed to get married?

this will depend on whether or not you are in fact subject to the two year home residency requirement. Do you know whether or not you are? Usually it will either say so on your visa, or you will need to check the DS 2019 on the bottom. if the two year home residence requirement is checked, then you will need to seek a waiver. feel free to contact my office to discuss.

Regards,

Gabriel D. Jack

Attorney at Law

408.293.2026

Re: J1 visa holder allowed to get married?

Yes, normally you would have to seek a waiver of the two-year residency requirement since most J-1 visas have that restriction. You would need the assistance of an attorney since the waiver is not easy to obtain since you have to prove extreme hardship to your husband (if you're going to be apart from him), or get your home country to not object to the waiver. There's no hardship if the person is only a fiance and not a husband yet.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.