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The girl I want to marry is here on a j1 visa her expires on

september 30th. She has thirty...
The girl I want to marry is here on a j1 visa her expires on september 30th. She has thirty days to leave the country. I am waiting for my devorce to be finalized. It may not happen in Sept. If we marry in Oct after the visa runs out but before she is required to leave the country what complication do we run in to.
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9/6/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,608
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Is she subject to the two-year home residency requirement? She needs to look at the visa stamp in her passport. It will have an indication of this.
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Customer reply replied 4 years ago

Yes I belive she is. Her Visa was for a year which ends Sept 30

We really need to confirm that she is subject to the two-year home residency requirement because this could be a big problem.

Why do you believe she is subject to returning home for 2 years before being able to come back? What makes you think she is subject to the 2-year home residency requirement? What, exactly, does the visa stamp say, and what is the indication that she is subject to the home residency requirement?
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Customer reply replied 4 years ago

just going off memory i dont have it in front of me.


 

Customer reply replied 4 years ago

so the Bearer is not subject to section 212(E) two year rule does not apply

Customer reply replied 4 years ago

ok i have a photo of the visa she is not subject to the 2 year

Hi Curtis,

Thanks for the information, and sorry for the delay. I have been working with a lot of customers at the same time, and so you re experiencing delays. My apologies for the inconvenience. I appreciate your patience and understanding.

Good, that is great news. That makes things much easier for you two.

QUESTION: If we marry in Oct after the visa runs out but before she is required to leave the country what complication do we run in to.

ANSWER: NONE! She won't face any complications because a person who enters the US legally, but who falls out of status or overstays her lawful status given by an immigration official, and then marries a US citizen, is eligible to adjust her status to permanent resident. Any time spent out of status will be excused upon the filing of an approvalble I-485, Application for Adjustment of Status.

So, as soon as you are divorced, you can get married. Once you submit the I-130 and she submits the I-485, all of her time out of status will be excused and she will be eligible to adjust her status even with the unlawful presence and overstay.

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