Q: hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her a paperwork

A: You have to look and see if her J visa is “subject “ to or not. If not you can process your case and wait in the US during the process. If she is “subject” to then she will require a waiver of the 2 year foreign residency requirement.

A: Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you, among other things, the 2-year return residency requirement of certain, but not all, J-1 visas. Moreover, even if your wife is not subject to the 2-year return residency rule, if she is currently outside of the United States intending to immigrate permanently, a government official might in the context of a prospective adjustment of status case claim that she should have entered either using an immigrant visa or a K-3 spouse visa. Speak with a competent attorney who can discuss these and many other things with you.

A: If her J visa is not subject to the two-year home residency requirement, then she can adjust status once she gets in the United States. Have a free consultation with an immigration lawyer here in the state of Florida.

A: Is her visa subject to a 2-year residency requirement? If so that needs to be addressed first as it won’t allow her to change her status if not taken care of.

A: If the J visa. Is not subject to a 2 year foreign residency requirement then you file you application with no apparent problem. However if her IAP 66 states that she is subject to the foreign residency requirement, she wil have to apply for a waiver.

A: Congratulations on your marriage! Yes, as a US citizen, you can file an I-130 petition for your wife to obtain lawful permanent residence in the US. You do not need to get married again in the US, as long as your marriage is recognized as legally valid in the country where it occurred.

When you file the I-130 petition, you will need to provide documentation to prove your marriage is legally valid, such as your marriage certificate from overseas. You will also need to provide evidence of your US citizenship, such as a birth certificate or passport.

It's important to note that the J-1 visa may have certain restrictions and requirements, so you should consult with an immigration attorney or the US Citizenship and Immigration Services (USCIS) for guidance on the specific requirements for your situation.