Legal Question in Immigration Law in Virginia

H1-b to J-1 Visa want to marry

I had originally thought that my soon to be finace had a J-1. Instead she had a h1b and because of her employer's slow work, she was able to get an internship at a vet school and switch to a J-1. This has not taken affect as of yet.

We want to get married at the end of her 18 month internship which should end July 2008. She is also hoping for residency in the school as a vet.

What steps do I need to take to make sure she does not have to comply with the 2 year return since she just switched to a J-1? How long will this J-1 last? What Visa can she switch too? Is you able to get a green card if the residency sponsors it? What do I need to do to marry her and be legal.

Sorry for all the questions. I'm recording the name of the lawyer that helps so we can contact you when we need to take steps.


Asked on 11/22/06, 9:52 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: H1-b to J-1 Visa want to marry

Regarding the JI visa two year return to home country residency requirement, you will need to consult the official Exchange Visitor Skills List

which can be found on the USCIS website in order to determine whether this requirement may be applicable to your prospective fiance. (If vet skills are on the list for her particular home country, she may well be subject to this requirement.)

If your prospective fiance is considered an exchange visitor with research scholar status, the J-1 visa should be good for three years; if

she's in student status, then it's likely the time necessary to complete her course of study.

If your fiance's visa status continues as J-1, it's unlikely that the vet school could sponsor her petition for lawful permanent residency (LPR),

even if she's not subject to the aforementioned two year return requirement. If she were to returen to H1B visa status, then such sponsorship

should be possible by any employer willing to do so.

If you yourself are either an LPR (green card holder) or already a citizen of the U.S, you could marry your fiance at any time and sponsor her application for a so-called green card.

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Answered on 11/25/06, 8:33 am


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