J1 holder marrying a US citizen

[prettypink]

Hi, I'm going to US on September with a J1 visa for 18 months. My fiance and I are planning to get married on October in US. Well there be a problem if we do that? Can i apply for adjustment of Status even if i'm willing to finish my internship? Please help...thanks

[curiousone]

If youre subject to the 212(e) requirment, then while youre free to marry, youll not be able to adjust your status unless you have satisfied the 2 yr residence requirement or obtained a waiver

[prettypink]

212e

What is 212e requirement and 2 year residence waiver?

[curiousone]

Look at the Visa itself and see if below it there is an ink stamp that says " "bearer is/is not subject to 212 (e)" the VO will either cross out "is" or "is not"...to signify whether it applies to you. It s 212(e) of the INA which makes some J Visa holder ineligible to change their sttaus until after they have returned to their home countries for two years unless they are able to obtain a waiver.

[prettypink]

I still don't have a visa cause my interview at the embassy will be on August but i'm pretty sure i can get a visa. So if i'm subject to 212e requirement, i have to return to my home country even if my future husband is US Citizen? What is that waiver? Is there any ways I can stay with my "husband" legally? I know how hard long distance relationship is, we are doing that for 1year and 2months. I don't want long distance relationship to happen again specially if we're already married...help me...thanks!

[curiousone]

yes if youre subject to the 212 (e) requirement, youll have to return home afte r your program ends and accumulate 2 yrs before you can apply for a change of status. So youre looking at approx 3.5 yrs before you can apply for the green card. You cannot spend those two years in athird country either. The waiver can be had but its almost a yr process in itself and while some people obtain it, not everyone gets it.

If your country is paying fully or partially for the program in which youre particpating, then youll have to get a no objection statement from them ( which u get from the Embassy here) as part of the waiver process. The USCIS website has the information on obtaining a waiver. Do you have the certificate of eligibility? It should show whther youre subject to the home residency requiremnt. What will be your field of study? Where are you from?