J-1 Out-of-Status and Happily Pregnant

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This summer the Blog will be updated frequently with the popular question/answer feature, composed of actual and recent consultation questions taken from the Guru’s file and his answers.

Dear GuruImmigration,

I have a J1 visa for 3 more years but the contract i came for its already expired, its been 1 years after that.

I just got pregnant and our marriage plans are going to be much sooner now.

We dont have insurance now and im not working so we were thinking i could get insurance from him after marriage.

And if not maybe get all our papers done so we could go to my native country and i could give birth there.

We really dont know exactly what to do, any idea? Thanks a lot.

Answer:

First of all, congratulations for your pregnancy! If you were not on the J-1, then you could marry your US citizen fiancé (assuming he’s a US citizen), and adjust status to a green card while remaining here. Unfortunately, as you probably know (or should know), most J-1 visas have the two-year foreign residency requirement preventing them from applying for a green card until they go back and live in their country for at least two years. You would have to check the J-1 program that sponsored you and see if the requirement applies to you.

Assuming it does apply to you, you would have to apply for a waiver to waive this requirement. The waiver can be obtained through a few ways, including showing extreme hardship to your US citizen spouse and child if you were forced to live apart from them. It’s not easy to get, however, and realistically, usually only succeeds with help of an immigration lawyer. I recommend you consult with one.

As for your health insurance, as far as I know, a spouse is covered on his/her spouse’s health insurance if the premium is paid, regardless of their legal status in this country.

Best,

Larry L. Doan, Esq.

GuruImmigration

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