Q: Living in different cities
Hi, I entered the US in 2007 and overstayed my J1 visa. Today I'm dating someone I've met during the period I worked legally so it has been 10 years we met, but didn't start dating till a couple years ago and now we are thinking about getting married so I can apply for a Green Card. First off I do not have any criminal record, she has but it was even before I've met her, but here's the issue we live about five hours away (I live in LA and she lives north of Fresno) and I believe her income is not enough to sponsor me beside the fact she has a few welfare benefits for her and her daughter. My question is should we just we get married and try and risk it or should I wait and see if the law could change in my favor?
A: You must have a true and valid marriage, it cannot be entered into for the sole purpose of obtaining lawful permanent residence. You also need to determine if your J-1 was subject to section 212(e), the 2-year foreign residence requirement. If so, you must first obtain a J-1 waiver. If not, then you can proceed to apply to adjust your status to permanent residence. There is case law that says that the government cannot force you to live together, but it can raise a red flag for them to investigate the marriage more thoroughly.
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