Can a person with a green card marry someone with a J1 visa and both can remain in the country? While it is best to speak with an attorney about your unique situation, it is also important to note that this may be a possibility under specific situations. A J1 visa holder is someone who has a non immigrant visa that was issued by the United States for the particular reason of allowing the visitor to promote cultural exchange. This visa may be for private sector or government programs.
Understanding Marriage and Green Cards
Regardless of the reason for the marriage, it is important that the visa application be processed properly. First, consider the type of J 1 visa you have. Many individuals have what is called a two year return requirement. This requirement forces the individual to return to their country of origin within two years. If this is the case, the J 1 visa holder must return. If not, you may proceed.
There are several things to keep in mind about a green card marry situation.
- Marrying is a possibility. However, just by marrying someone who has a green card does not officially grant the individual the right to remain in the United States. Individuals will become illegally present in the country if the J 1 visa expires.
- Individuals who are in this situation may wish to consider changing from being a green card holder to being a United States citizen before being married. This process takes time, but if it is possible to become a citizen first, the J 1 visa holder will have a much easier time remaining in the United States.
- Individuals may wish to prolong their J 1 visa holder under the green card holder can gain legal citizenship. This may be done by asking for a student status change. As long as the individual maintains that student status, the J 1 visa holder can remain in the country.
For those who do get married in the United States to someone who has a green card, it will take about five years for that individual to obtain green card status. He or she should take steps to remain legally.
Hiring an Attorney Makes Sense
In cases of green card marry, it is important to hire an attorney. The attorney will work with the individual to find a solution that may work for all involved, if one is available. In addition, the attorney can help with the processing of such applications.
