Columbia, SC asked in Immigration Law for South Carolina

Q: Can I get a fiancee visa even if I am already here in US?

I am a J1 here in US and got denied with my extension, already overstayed. I am currently living with my boyfriend and we are still not ready to get married. Is it possible if I can get a fiancee visa instead while here in US?

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1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
  • Immigration Law Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Sorry, no. Question about your J-1, are you subject to the 2-year home-country return requirement? (Also known as being subject to section 212(e) of the Immigration and Nationality Act.) Be sure to check that.

When and if the two of you decide to marry, you will be able to go forward -- unless you are subject to section 212(e) -- with a two-year permanent residence card.

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