I have a lot of questions about how to do this, despite the fact that I've spent ages researching the issues.

B) My Czech girlfriend and I are planning to get married very soon here in the US. We've been dating for a good 3.5 years, but we've been in the US for only a year. She is here on a J-1 visa, which will expire in May of next year. There is more than an excellent possibility that she will be able to get an H-1b visa working for the same company. If she applies for it, it should be in her hands by the time her J-1 expires.

A) Since she is here and working, do I have to prove that I make enough money to support her? I have no tax returns since 2000 and it seems I'll need to fill out the I-864. How will this affect our situation? I do have some money in savings, as does she and we're both making an income now. I guess what I need is to find what specifically qualifies as enough support her for 3 years. I'd rather not drag relatives into the situation.

B) I went overseas and volunteered for the US Government for a bunch of years and this is my reward! I can't seem to get my head around all the information on the I-765, but most importantly it says nothing about getting temporary work status (EAD) for someone who is here on a J-1 visa. An H-1b will cost a lot of money, so it would be nice to avoid applying for it. If there is no way around this, it may make more sense for us to get married and just wait to apply for residency at some later date. Our intention was to have a quick personal wedding now and then a big one with family and friends in a year or two.

C) Confounding the situation even more, I'm soon to be heading off to do relief work in dusty remote locations. I need advice as to how to work around the interview. It sounds like most people are being processed in about 6 months. Am I right in assuming that we'd have to attend an interview in 6 months and if that happens while I'm away can we get some extension on the interview? Or how would that work? I guess I could fly back, but that's a pain as well as a financial burden.

And how are they going to look upon us being apart? My goal is to get my foot in the door in this field of work and then after a year or so, I should be able to get a position that is accompanied- in other words they'll pay for family members to accompany me. And so if she can come with me how does that affect her getting a permanent green card after the initial two years? I have read or heard that she can't even leave, but I guess that's what the I-131 will help us with?!


What a mess! Any and all responses are graciously accepted and appreciated.

Cheers,
Matt

Matt, I am not a lawyer, but I think I can give you some good advice. The first thing you should do is to get an immigration lawyer to help you go through with the application forms. That is probably the best money you will ever spend. It should cost around 2-3000 dollars. Go to different ones and ask about free consultation or ask for references. Go to someone who has done this before.

I think the lawyer will give some sort this type of advice:
- I think J visa holders must actually leave the country for a year once done, so you for sure want to check up on that requirement. I am not sure if j visa holders can change status.
- The money part may be an issue, so get an account to back file taxes for you. You want to do that in any case, just for the record.
- Marrying a foreign individual requires a little bit more planning than a U.S. citizen marriage, so I would have done the marriage the "immigration" way to make sure all is good, then do the family party, etcetc. It is probably better to get married now while she is here, or you could do the K-1 visa if she goes home.
- In terms of taking off again and work, I would have made sure the marriage and wife's green card application would be fine before doing anything else. I assume that is more important.

Anyway, good luck! Sammy