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Wedding and Sponsor help!!!

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  • Wedding and Sponsor help!!!

    Okay, so this may be a tad long. Future husband and I met last year when he came to the US on his first J1 Visa. We began dating, I traveled to Mexico a few times to see him after his Visa expired, and he recently got a new J1 Visa. He proposed to me about two weeks ago, and we planned on getting married before his J1 Visa expired (seemed the easiest way to go, applying for Change of Status).
    ANYWAY. Things have gone sideways with his Visa sponsor pretty fast. He just found out he's going to be getting paid almost half of what was promised, and he's wondering if he can cancel his contract with them. It's a summer camp that he was placed with through Camp Leaders. Here's the question: if he cancels his contract with them, can he still stay here until our wedding and can we still apply for Change of Status? Does that change anything?
    I'm all for him cancelling the contract if the salary isn't changed. It was dirty on the Camp's part to lure him in with a promised salary increase and then, over a week after he's started work, finally tell him what his actual salary is. Since we've already picked the wedding date and already booked the venue, cake, dresses ordered, etc., I'd like to stick with that date and still get married!
    If the other solution is to go ahead and get married on paper now and apply for the change of status, we can do that and still have our ceremony. I just don't want there to be any legal problems!
    Advice? Help!!

  • #2
    What is your status? US citizen? or something else?

    Does his J1 have a 2-year home residency requirement?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I am a born US Citizen. His J1 does not have a 2 year residency requirement.

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      • #4
        It would seem easiest not to quit right now. If you quit a job, you don't get to stay all the way till the end of the visa date. (There are more complications with J1 in a residency requirement that you would need to investigate). So, better to continue with the job and quit it later once you have sorted out how you will due change of status for him (assuming you're a citizen).

        I would recommend making sure you talk with a real immigration attorney. This stuff can affect your lives permanently. Don't skimp on a couple of hundred dollars.

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        • #5
          If you’re a citizen he can quit and after marriage it wouldn’t matter if he was out of status after he applies for the adjustment of status. The only downside is that he wouldn’t have an income at all

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          • #6
            Originally posted by Mogu View Post
            It would seem easiest not to quit right now. If you quit a job, you don't get to stay all the way till the end of the visa date. (There are more complications with J1 in a residency requirement that you would need to investigate). So, better to continue with the job and quit it later once you have sorted out how you will due change of status for him (assuming you're a citizen).

            I would recommend making sure you talk with a real immigration attorney. This stuff can affect your lives permanently. Don't skimp on a couple of hundred dollars.
            My question was if we could do change of status NOW and then he can quit safely and not have to return home. I knew if he quit now, he would have to return home, but if we are already doing change of status, would he be okay to stay here until that processes?
            I talked with an attorney a while back about 'what if his visa expires before the wedding' etc., and he said it doesn't really matter how much time passes before we do change of status, because whenever we do that, even if he was 'illegal' that MAKES him legal through our marriage.

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            • #7
              Originally posted by Carter725 View Post
              I am a born US Citizen. His J1 does not have a 2 year residency requirement.
              Then he can do Adjustment of Status in the US. File I-130 and I-485 at the same time. It doesn't matter if you file before or after he quits.

              This is my personal opinion and is not to be construed as legal advice.

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