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Is AOS the best route for J-1 visa holder marrying USC?

Is AOS the best route for J-1 visa holder marrying USC?

Old Aug 11th 2011, 6:37 pm
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Default Is AOS the best route for J-1 visa holder marrying USC?

Hi everyone,

I'm in the US (Florida) on a J-1 research scholar visa. I want to complete a transition onto a marriage based visa by November 2012. Our wedding plans are currently set for April 2012. I have a few questions:
1. Is filing for AOS from my J-1 while in the US the best route to take?
2. If so, or for another suggested route, how long should I leave between getting married and filing for AOS to finishing the process?

Thanks in advance!
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Old Aug 11th 2011, 6:57 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by buzwad View Post
I'm in the US (Florida) on a J-1 research scholar visa. I want to complete a transition onto a marriage based visa by November 2012.
Here you are asking about a marriage based visa (Immigrant Visa or K-1), but further on in your post you ask about Adjustment of Status (AOS). I guess you aren't sure which way to go yet?

1. Is filing for AOS from my J-1 while in the US the best route to take?
That's probably the easiest thing to do, unless your J-1 will expire before April 2012. Or, if you have the 2-year home residency requirement. Or, unless you need to go home before adjusting status in the USA.

2. If so, or for another suggested route, how long should I leave between getting married and filing for AOS to finishing the process?
I'm not sure I follow this question. The other suggested routes (Immigrant Visa or K-1 visa) are vastly different from AOS, so you can't really compare them.

If you do AOS, you can get married and then file AOS as soon as you have the certified copy of the marriage certificate in hand. Not sure why you would want to file AOS later. File it as soon as you can, to secure your status in the USA and to start building up the years toward citizenship. A typical AOS process takes around 6 months from start to finish.

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Old Aug 11th 2011, 6:57 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by buzwad View Post
Is filing for AOS from my J-1 while in the US the best route to take?
It is, if you want to remain in the US after marriage! Of course, this assumes your J-1 doesn't have the 2-year HRR. If it does, you'll either need a waiver of the HRR or you'll need to fulfill the HRR.


If so, or for another suggested route, how long should I leave between getting married and filing for AOS to finishing the process?
If you want to keep working, you should file for AOS no later than 3 months prior to the expiry of your J-1. This will allow you time to file AOS and get an EAD to allow you to continue working in the US while the adjustment is in process. Indeed the sooner you file after marriage, the better! You just never know when your J-1 will suddenly lose its appeal (or you get fired or something!).

Ian
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Old Aug 11th 2011, 7:07 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Thank you Ian and Noorah,

I have to admit I am a bit confused. I'd like to stay in the US, and work, once married and get the process moving as soon as I have certified marriage certificate.

By the sounds of your responses, AOS is the best route with the others presumably requiring that I return to the UK in order to re-enter on the new visa. When I had mentioned that I wanted to end up with an marriage based immigrant visa, I'll still get a new visa in my passport after adjusting my status, right?

Thanks also for the heads up on the EAD while my AOS is being processed. My J-1 is valid until November 2015 with no home residency requirement. The November 2012 deadline I was imposing as I have to finish my time at work and on the J-1 visa within two years if I want to keep the money I've earnt that has been exempted from tax (US-UK tax treaty for J-1 scholars).

Thanks again!
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Old Aug 11th 2011, 7:18 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by buzwad View Post
When I had mentioned that I wanted to end up with an marriage based immigrant visa, I'll still get a new visa in my passport after adjusting my status, right?
Egads, no. If you adjust status, you won't get a visa at all... you'll get a green card, and you'll be a US permanent resident.

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Old Aug 11th 2011, 7:19 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by buzwad View Post
Thank you Ian and Noorah,

I have to admit I am a bit confused. I'd like to stay in the US, and work, once married and get the process moving as soon as I have certified marriage certificate.

By the sounds of your responses, AOS is the best route with the others presumably requiring that I return to the UK in order to re-enter on the new visa. When I had mentioned that I wanted to end up with an marriage based immigrant visa, I'll still get a new visa in my passport after adjusting my status, right?

Thanks also for the heads up on the EAD while my AOS is being processed. My J-1 is valid until November 2015 with no home residency requirement. The November 2012 deadline I was imposing as I have to finish my time at work and on the J-1 visa within two years if I want to keep the money I've earnt that has been exempted from tax (US-UK tax treaty for J-1 scholars).

Thanks again!
You did not answer Ian's note: are you subject to the 2-year HRR of 212(e) or not? That is the first question to be answered.
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Old Aug 11th 2011, 7:27 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by S Folinsky View Post
You did not answer Ian's note: are you subject to the 2-year HRR of 212(e) or not? That is the first question to be answered.
He did: "My J-1 is valid until November 2015 with no home residency requirement."

Time for glasses, my friend!

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Old Aug 11th 2011, 7:41 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by buzwad View Post
My J-1 is valid until November 2015 with no home residency requirement. The November 2012 deadline I was imposing as I have to finish my time at work and on the J-1 visa within two years if I want to keep the money I've earnt that has been exempted from tax (US-UK tax treaty for J-1 scholars).
Originally Posted by S Folinsky View Post
You did not answer Ian's note: are you subject to the 2-year HRR of 212(e) or not? That is the first question to be answered.
Mr. F, see the bolded section.

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Old Aug 11th 2011, 8:06 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Originally Posted by ian-mstm View Post
He did: "My J-1 is valid until November 2015 with no home residency requirement."

Time for glasses, my friend!

Ian
Mea culpa. Actually, I find it easier to read the screen without the glasses. I've been wearing specs since age 14 during the LBJ administation.
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Old Aug 12th 2011, 3:55 pm
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Default Re: Is AOS the best route for J-1 visa holder marrying USC?

Thanks for all of your attention to detail!

I admit that I've always been confused about the physical embodiment of being a LPR in the US after getting married. I just Googled for a picture of a green card and now I understand that it doesn't go in one's passport.

Had our first meeting with the wedding planner yesterday and it looks like we might have our wedding in March/April 2012 which will hopefully give us plenty of time to get the paperwork done!
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