Should we get engaged or married?

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Should we get engaged or married?

I’ve entered the US on a J-1 visa without any intention of getting married. I
met a girl here and we think serious about our future. Should we get engaged or
married? And if we get married, should I return to my home country and then
start the visa process? I’m asking these questions because I’ve heard that
entering the US on a non-immigrant visa and getting married to a US citizen can
be dangerous also, if I get married in the US, I should return to my home
country and then start start the visa process, otherwise, it could mean I
misrepresented my intention when I was asked about my intention on traveling to
the US.

I’m aware of most of the laws and rules like 30/60-day rule etc. I also know
about different visas like spouse visa, fiance visa K-1 etc. I’m just asking
for advice to make the best decision. We might ask a licensed immigration
attorney for help when we start the process.

Asked on June 1, 2017 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can complete the entire process within the US and there should not be any issues especially if you had no intention of getting married at the time of entry.  If your J-1 visa does not have the conditional 2 year home residency attached to it, you can get married and file for adjustment of status; however, do not do anything within the first 90 days of entering the US on the J-1 visa.  Wait at least that much time and then you can get married and file for adjustment.  Please let me know if you have any additional questions or if i may be of further assistance to you in this matter.


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