J-1 Trainee and possible relationship

[winterpoem]

there's a girl who's on her way here to the USA, on a J-1 Visa, for training in hotel management. we met last year when she was doing the same thing. so she's coming back, and we like each other pretty well. she's going to be staying a pretty long time and i was wondering, if the relationship got more serious, what could we do? if we wanted to get married let's say, how would we go about that? (trying to think ahead a little...) i was thinking if we did just get married, then she would be a relative, so we could apply with some kind of relative immigration form? (dont want her to have to go home.) what else would be involved? thanks so much for any advice.

[AnneTL]

If that girl comes back here and you want to marry her, first you have to make sure her J1 visa is subjected to section 212(E). It means that if her visa gets that, she has to go back her country 2 years after she's done training here.

And when you marry her, you can apply I-130: Immigrant pettition for relative and she has to apply form I-485 to change her status.

Hope that helps.

there's a girl who's on her way here to the USA, on a J-1 Visa, for training in hotel management. we met last year when she was doing the same thing. so she's coming back, and we like each other pretty well. she's going to be staying a pretty long time and i was wondering, if the relationship got more serious, what could we do? if we wanted to get married let's say, how would we go about that? (trying to think ahead a little...) i was thinking if we did just get married, then she would be a relative, so we could apply with some kind of relative immigration form? (dont want her to have to go home.) what else would be involved? thanks so much for any advice.

[winterpoem]

thank you for your help. i read somewhere about this J-1 two-year rule. it said that the decision of the individual having to return after his stay is finished is only preliminary, a good guess. but the actual decision as to whether this rule goes into affect is made when the individual has already gone back to the country and is trying to apply for some kind of permanent residency in the USA, such as a K-1 or something. but if the individual got into the USA and never went home, got married, this rule may never have a chance to take affect. is this true?


"It is important to note that only a preliminary finding of whether the 'two year rule' applies to you is made on your DS-2019 when your J-1 visa is issued. The final decision is made only when/if you choose to apply for an H-1, L-1 or Immigrant visa."

how can i find out if the visa is subject to this rule?

can someone also tell me if the supplement A form for I-485 is necessary? under what circumstances is it necessary? it is expensive... $1000.

[AnneTL]

Hi there,

You have to know that a J1 visa which does apply 2 year rule gotto go back their country after they finished their training here. And especially if that person gets married and apply to change his/her status, it will be very complicated unless he/she obtain a J1 waiver.

So no matter what J1 holder with 2 year rule gets married or chances his/her to another visa, the first thing he/she has to do is ask for a J1 waiver.

About form I-485A: That form is for someone who overstays in US after thier visa expired and they have a chance to apply to change their status.

[winterpoem]

thanks again for your help! this could present a real problem without a waiver. i have found that Thailand requires individuals of all skills training to return home. so i think likely her J-1 will have this rule in affect. what are the chances of a waiver being successful? that is by going under the "No Objection" letter. her skills in hotel management probably aren't especially valued compared to doctor, computer skills, etc. so that may help. but i wonder how many end up successful?

i don't want to go down a road only to find a dead end. while we have time, perhaps we should consider her coming by means of another Visa. im just trying to learn as much as i can.

[AnneTL]

Have you ever seen her J1 visa? It would say either on her visa or her paper work that she has to go back her country after 2 years or not.

J1 visa holder who applies 2 year rule has to file a waiver from her/his country so he/she can stay in US and change their status.

So you have to find out who pays all the training fees for her to come over US.

Or you can go over there and marry her and then come back to US filling all papers to bring her here as a fiancee or as a spouse.

The other option is as you mentioned: she tries to obtain another visa as tourist visa and you can marry her and file pettition for her.

thanks again for your help! this could present a real problem without a waiver. i have found that Thailand requires individuals of all skills training to return home. so i think likely her J-1 will have this rule in affect. what are the chances of a waiver being successful? that is by going under the "No Objection" letter. her skills in hotel management probably aren't especially valued compared to doctor, computer skills, etc. so that may help. but i wonder how many end up successful?

i don't want to go down a road only to find a dead end. while we have time, perhaps we should consider her coming by means of another Visa. im just trying to learn as much as i can.