Legal Question in Immigration Law in Massachusetts

I am a J1 student (with 2 yrs of home country residence requirement) from India who wants to marry my US citizen girlfriend. Is it better to get married in US or in India with my girlfriend?

I am a student from India on J1 Visa with two year of home country residence requirement. I am required to go back to India after I graduate this summer. I have an American girlfriend and we are planning to get married. We don't want to apply for the home country residence waiver and I will be going back after I graduate this summer.

I need to know if it is better to 1) get married (e.g. a court marriage) here in US and/or start the necessary paper works for permanent residence before I leave or 2) get married in India (she is going to visit me next year) and apply for the Fiance Visa (with other necessary paper works) after staying for two years in India. Thanks in advance!


Asked on 1/11/11, 11:41 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If you have a 2-year foreign residency requirement attached to your J1 visa, you will either have to complete it by staying in India for two years OR obtain a waiver. Your marriage to a US citizen girlfriend by itself is not going to remove this requirement. You will not be able to become a permanent resident until you either obtain a waiver, if possible, or stay 2 years in India. Therefore, it's up to you to decide where to get married.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 1/16/11, 11:54 am


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