J1 trying to marry. Problems with 2 years rule

[giarosell]

Hello! I was living in USA for three years with a J1. I met my girlfriend and we lived together for two years. When my visa got expired I come back to my country thinking to come back and marry her next Christmas.
A lawyer told us that we can marry but I can´t live in the States for the next 24 months because of my two years rule.
Is there any other option? I can´t even imagine to wait one year, and now it´s going to be two!
Can I get another kind of visa? If I get a sponsor, can I apply to a HB1? Can I marry during the HB1 and get the residence later?
Thank you in advance!
G.

[Funmi Cristiana Oluwaniyi]

Re: J1 trying to marry. Problem with 2 year rule.

I really don't have any good news for you. The only thing you should have done was seek an advisory notice from the government or applied for a waiver for the 2 year rule while you were in the US. Unfortunately you are going to have to wait 2 years because you are no longer in the US. There is close to nothing you can do. Even if you try to get another visa, the provision from your previous J1 visa's 2 year rule still applies. You can try to have your partner in the US talk to a lawyer and see what your options are. I also had a J1 visa and got married, but I never left. They had the 2 year rule provision written on my visa but I sought advisory opinion from the government and they informed me that it didn't apply to me. You can also try that. Good luck.

[giarosell]

I really don't have any good news for you. The only thing you should have done was seek an advisory notice from the government or applied for a waiver for the 2 year rule while you were in the US. Unfortunately you are going to have to wait 2 years because you are no longer in the US. There is close to nothing you can do. Even if you try to get another visa, the provision from your previous J1 visa's 2 year rule still applies. You can try to have your partner in the US talk to a lawyer and see what your options are. I also had a J1 visa and got married, but I never left. They had the 2 year rule provision written on my visa but I sought advisory opinion from the government and they informed me that it didn't apply to me. You can also try that. Good luck.

Thank you very much for your help! I will try to get help from a lawyer! Thank you again!