J-2 procedure for a FUTURE spouse

[ciistai]

Hi all,

I've got a visa question here! I've read a lot of previous posts about J-1 + J-2 procedures so I'm okay on that front, but I'm just wondering if any of you have had a situation similar to mine. I will hopefully begin my PhD in September in the USA - I am Canadian. My partner is British, still living in the UK, and would like to join me in the USA, but we certainly will not be married by the time I start the PhD program. I'm hoping to get a J-1 visa (as opposed to an F-1), but do any of you have experience of applying for the J-2 after the J-1 application, for a spouse to join you after your first year (i.e. second, third, etc.)? Does this complicate things more? To be honest I'm not really sure exactly when or even where we'd get married as we live on two different continents at the moment now that I've returned to Canada.........

Also, do any of you have experience of a spouse on a J-2 visa being able to apply for a different visa once they've found work? My partner is an engineer and hopes to find a good job once he joins me, so that he won't necessarily be in the US as my dependent for the entirety of my degree - but I don't know if it's possible to just switch visa status like that... probably a stupid question but I find this visa stuff so confusing.

Any help would be super duper appreciated! Thank you!

 

Edited January 7, 2016 by ciistai

[TakeruK]

First, I think the best answers should come from either an attorney or your school's international student office. But, the school offices usually will not answer your questions until you accept the school's offer. So, here is some preliminary information that might help you for now, but please get everything checked! I'm not an expert.

My situation: I am a Canadian on J-1 status. My spouse (also Canadian) is on J-2 status. My spouse has a EAD (employment authorization document). We were married before entering the US. Now to answer your Qs:

Yes, your partner can join you in the US on J-2 status after your J-1 application. They will apply for J-2 status as your dependent when they are ready to join you in the US (as you know, you'd have to be considered spouses in Canada for your partner to be eligible for J-2 status). I know a few students who got married while in grad school to a partner from another country and their partner joined them later. I also know of a J-1/J-2 couple where the J-1 student arrived first, and the J-2 partner did not apply for the J-2 and enter the US until several months later (the partner had work to finish up in their home country before they could go to the US). So, I know this is certainly possible.

Also, yes, it is possible to switch visa statuses from J-2 to another visa class (but see note below). For example, if your partner wants to be a student in the US, your partner can apply for a school and then switch to their own F-1 or J-1 status. Or if they want to work, and their profession makes them eligible, there are other statuses possible too.

--- okay some extra info now, I think you already know this though but just in case ---

Please note that J-2 dependents are subject to the same restrictions as the J-1. So, if you have the 2 year home residency requirement, your partner will also have this. I am actually not sure which country will count for your partner---many places state it's the "country you were living when you got your J-2 status", which would be the UK for the partner (potentially); however, since you are living in Canada, I don't know if it would go by the J-1's country instead. Anyways, this might mean that you and your partner might have different home residency requirements (if you have them at all). Your school international office should definitely be able to help with this. I think you already know this, but just to be explicit: the home residency requirements precludes you from taking an immigrant-class visa. A common immigrant-class visa for foreign workers is the H1-B, and I believe the J-1/J-2's home residency requirements will preclude you or your partner from being on this visa status. So, if your partner wants to work in the US and if you have the home residency requirement, it might be better for them to get their own visa status first.

Also, for J-1s who are PhD students, there is a 12-month bar on additional J visas. So, it may not be possible for you or your partner to switch from one J visa to another J visa.

And finally, your partner's J-2 status is only valid as long as your J-1 status is valid. So, if after you graduate, and you remain in the US for future work, maybe on a different status, your partner's ability to work would depend on whatever their new status would be. For example, if you are not subject to the home residency requirement and you go on H1-B status for the next job, then your partner would be your dependent on H4 status, which does not allow them to work. 

Because of all of this, and because it sounds like your partner is eligible for their own work visa status (as they are an Engineer), it might be a better idea for your partner to enter the US on their own status and not as your dependent. It would mean they will have to find a job before entering (unless they qualify for other statuses too). This also gives the two of you flexibility on when you want to get married! Once you decide on which school you want to attend, I would suggest discussing the different options and consequences of visa status options for you and your partner with the school's international student office!

[ciistai]

On 1/7/2016 at 1:22 PM, TakeruK said:

First, I think the best answers should come from either an attorney or your school's international student office. But, the school offices usually will not answer your questions until you accept the school's offer. So, here is some preliminary information that might help you for now, but please get everything checked! I'm not an expert.

My situation: I am a Canadian on J-1 status. My spouse (also Canadian) is on J-2 status. My spouse has a EAD (employment authorization document). We were married before entering the US. Now to answer your Qs:

Yes, your partner can join you in the US on J-2 status after your J-1 application. They will apply for J-2 status as your dependent when they are ready to join you in the US (as you know, you'd have to be considered spouses in Canada for your partner to be eligible for J-2 status). I know a few students who got married while in grad school to a partner from another country and their partner joined them later. I also know of a J-1/J-2 couple where the J-1 student arrived first, and the J-2 partner did not apply for the J-2 and enter the US until several months later (the partner had work to finish up in their home country before they could go to the US). So, I know this is certainly possible.

Also, yes, it is possible to switch visa statuses from J-2 to another visa class (but see note below). For example, if your partner wants to be a student in the US, your partner can apply for a school and then switch to their own F-1 or J-1 status. Or if they want to work, and their profession makes them eligible, there are other statuses possible too.

--- okay some extra info now, I think you already know this though but just in case ---

Please note that J-2 dependents are subject to the same restrictions as the J-1. So, if you have the 2 year home residency requirement, your partner will also have this. I am actually not sure which country will count for your partner---many places state it's the "country you were living when you got your J-2 status", which would be the UK for the partner (potentially); however, since you are living in Canada, I don't know if it would go by the J-1's country instead. Anyways, this might mean that you and your partner might have different home residency requirements (if you have them at all). Your school international office should definitely be able to help with this. I think you already know this, but just to be explicit: the home residency requirements precludes you from taking an immigrant-class visa. A common immigrant-class visa for foreign workers is the H1-B, and I believe the J-1/J-2's home residency requirements will preclude you or your partner from being on this visa status. So, if your partner wants to work in the US and if you have the home residency requirement, it might be better for them to get their own visa status first.

Also, for J-1s who are PhD students, there is a 12-month bar on additional J visas. So, it may not be possible for you or your partner to switch from one J visa to another J visa.

And finally, your partner's J-2 status is only valid as long as your J-1 status is valid. So, if after you graduate, and you remain in the US for future work, maybe on a different status, your partner's ability to work would depend on whatever their new status would be. For example, if you are not subject to the home residency requirement and you go on H1-B status for the next job, then your partner would be your dependent on H4 status, which does not allow them to work. 

Because of all of this, and because it sounds like your partner is eligible for their own work visa status (as they are an Engineer), it might be a better idea for your partner to enter the US on their own status and not as your dependent. It would mean they will have to find a job before entering (unless they qualify for other statuses too). This also gives the two of you flexibility on when you want to get married! Once you decide on which school you want to attend, I would suggest discussing the different options and consequences of visa status options for you and your partner with the school's international student office!

Hey - thank you so much for this amazing response!!! I've seen your replies in other threads too and they've all been very helpful! He and I are both very grateful that you've shared this information  Glad to hear that it's okay to apply afterward - I don't think we'll be married until summer 2017 at the earliest and we're definitely not ready to do it this summer!