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Immigration Issues/marriage for citizenship

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QUESTION: My girlfriend/fiance who I plan to marry is on a J1 Visa here in the United States.  If I marry her will she be able to stay here with me and not be subjected to 2 year rule??

Thank you for your time!

Brant

ANSWER: She has to check her visa or I-ap 66 form to see if she is subject to the 212 E 2 year foreign residncy requirement. UIf she is, she needs to get apporved for a hardship waiver even if she marries you in order to get her papers without having to go home for 2 years.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Thanks for the prompt response!  She is leaving in 30 days because her J1 Visa expires, so she cannot process a Visa waiver in time!  I use to live in Miami, Tampa and Orlando, Florida!  In Florida i know of hundreds of illegal immigrants who married United States citizens and never seemed to have any of these issues and it was after 911!  Please help and thank you again!!!

Answer
If her IAP-66 or visa indicates she is not subject to 212 e, she can just stay here, you can get married and file for her.

If she is subject to 212e then I still say she should not leave, you should get married and have you file an I-130 for her. Once it is approved, I would file for the waiver of the 2 year foreign residency requirement. If it gets approved, she can stay and file for Adjustment. If it gets denied then she will have to go home for 2 years but I would try to get the waiver approved before her giving up and going home.

Regards,

Robert

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