Legal Question in Immigration Law in Colorado

Changing Visa Status

I have an established long-term relationship with a Russian man living in Russia (we've never met personally, but have exchanged many e-mail messages and frequently speak by telephone). He plans to enter the U.S. on a J-1 visa. After attending to his business here, we will meet and quite possibly decide to marry. If this occurs, is it advisable to marry here, then proceed to change his visa status? And, how long would it take for him to obtain a Green Card? We would like to do everything "by the book" so there is no chance of his being deported.


Asked on 9/10/99, 3:00 pm

1 Answer from Attorneys
Dorothy Bunce

Re: Changing Visa Status

If he isn't a J-1 medical student, he can apply for a waiver of the requirement that he return home for two years. If he is a medical student, I believe this requirement is manditory and cannot be waived. He must know this, since it is in his visa paperwork.

Whether he can recieve a waiver is another question altogether. Is he on a scholarship? Who is paying for his plane ticket? If his government is paying, they will expect their investment to be returned. Can he enter on a different visa instead and postpone his education?

You're jumping the gun by talking about marrying someone you haven't met in person. Not everyone is ready for the reality of cultural clashes. I'd suggest you'd try being a good friend first. There's going to be plenty of time to decide if you want to get married. After all, he'd be lucky to have you.

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Answered on 9/13/99, 11:53 pm


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