USA, Canada /
US Citizen Marrying a Polish Citizen [17]
I was in the same situation. I got married to the US citizen last year. I also had J-1 visa. We went through real hell.The most important thing is to check what kind of J-1 it is. there are two.
If it says she is not subject to a 2-year home residency requirement u r all set- no problems at all.
If it says she is subject (which i was subject to) it means that after her summer program is over she HAS TO return home for 2 years- no matter what- married or with kids- she has to go home unless u get a waiver (which is extremely hard to get).
so the most important is to check if she is or has ever been subject to this requirement.
if she is on her visa form it will say what makes her subject. it can be:
1. her summer program is sponsored by us government - then u can try getting waiver based on hardship to US citizen (u need to have good reasons cuz sometimes marriages with kids were denied) if u have some medical conditions it could save u (like it saved me and my husband)
2.she is subject to because of skills list and if there was no gov funding involved u can apply for waiver based on no- objection letter from polish embassy or again try hardship (which can take u even 10 months)
3 if she comes here as a physician- u can forget it. she has to go home.
it is a complicated process. First u have to apply to Dep. of State- cuz they issued the visa. they give a recommendation (favourable or not) which is sent to Immigration. Immigration makes the final decision.
if Dep of state agrees and Immig doesn't u can appeal
if dap of state disagrees and Immigr doesn't u cannot appeal
if u need more info contact me, please
pierniczek
