Can I re-enter the US on my J1 visa after marrying my US fiancé? 6 Answers as of July 16, 2013

I am in the USA on a J1 visa that expires September 8, 2013. My fiancé and I are marrying in July. If we go on our honeymoon (to Italy) in August and return September 3, will I be allowed back in the US on my J1 visa because it expires 5 days after? And also, because I will be married, am I allowed back in the US on my non-immigrant visa? We were going to file to adjust my paperwork as soon as we return from our honeymoon around September 4.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
I would strongly advise against that as you may not be permitted to enter the US at all until you get the right visa and that may be 9-12 months after filing. You cannot plan on traveling internationally after you get married and then reenter on a J-1 visa.
Answer Applies to: California
Replied: 7/16/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You must first determine if your J-1 visa is the type that will subject you to foreign residency requirement. If it does, you need to weigh the possibility of obtaining the waiver of the 2 year foreign residency requirement. Next while it may be technically feasible for you to return to the US if your J-1 visa within 5 days of its expiry, be prepared to answer a border inspector's queries what your true intent is in returning to the US when your J-1 visa is about to expire after honeymoon with your new US wife. If there is any reason for the CBP to deny your admission, it is because, there is an inference you are not a true J-1 visa entrant, but instead an alien whose sole reason for coming to the US as an intending immigrant. If you have conceded this in your own question that you are coming to file the green card paperwork, then, why should a CBP officer not make the same conclusion. Under the circumstances, you may be refused entry or worse deported for attempting to enter the US under false pretenses and with the serious consequences that comes from such decision.
Answer Applies to: New York
Replied: 7/1/2013
LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
Since you will be returning with the intention of adjusting status, the chances of being admitted on the J1 are practically nonexistent since it is a non immigrant visa and your stated intention is to immigrate. You would be better off adjusting your status and then going on the honeymoon and returning as an LPR.
Answer Applies to: California
Replied: 6/26/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
What you propose is not a good idea. You should consult with an immigration attorney regarding your plans.
Answer Applies to: California
Replied: 6/26/2013
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can marry in the US and apply for the green card but cannot travel outside the country using the J-1 visa (after your marriage). This type of visa doesn't allow you to enter the US with the intention to stay. You must travel with either a travel permit or green card.
Answer Applies to: California
Replied: 6/26/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You will likely be denied entry. The fact that the visa is expiring 5 days after your entry is not the issue. The visa is valid assuming you are in compliance with the terms of your J-1 visa. Even if you are allowed to re-enter, you would face a problem at the interview. You cannot use a non-immigrant visa to enter the U.S. with the intent to obtain permanent resident, which is exactly what you will be doing upon your return. I would encourage you to postpone your honeymoon.
    Answer Applies to: New York
    Replied: 6/26/2013
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