Because, as a J-1 visa holder, you do not need a K-1 visa, you will need to get married to your U.S citizen fiance before filing. Once you are married, you can file an I-130 petition to the USCIS. Fortunately, as the spouse of a U.S. citizen, you will be filing as an immediate relative of a citizen.

Can I stay in the U.S after marrying a U.S. citizen?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.

Can a J-1 visa holder get married to a permanent resident?

While there is no law prohibiting such marriage, there is more to becoming a permanent resident than just getting married to a citizen or permanent resident. If you are a J-1 visa holder seeking to obtain a marriage-based green card, you will need to follow the appropriate steps to achieve a lawful change of status.

When does the J-1 visa waiver expire?

If you do finally make the transition from J-1 visa status to a marriage-based green card, there may be one last hitch. If your marriage is less than 2 years old, then you will be issued a conditional green card, which will expire in two years.

How is a J-1 visa holder taxed in the US?

Most J-1 holders in the US are considered to be nonresident aliens for tax purposes. This is determined by what’s known as the substantial presence test, which is used by the IRS to decide whether an individual who is neither a US citizen nor a US permanent resident should be taxed as a US citizen or a nonresident alien for a specific year.

Can a J-1 Holder get a green card?

Obstacles such as the home residency requirement must be met or waived before a J-1 holder who marries a U.S. citizen can seek permanent residence. One caveat to the J-1 visa is that it is not a “dual intent” visa, meaning that you cannot have the intent to get a green card when you apply.