chemgirl

Hi everyone,

I'm a UK citizen and have been working in the US on a J-1 visa for over 2 years now and have around 6 months left on my current contract. Have been with my USC boyfriend for almost 2 years now.

Orginally we thought about me going home at the end of my contract and applying for the fiance visa once I was back in the UK but we actually got engaged on the weekend and are now thinking that it may be easier to get married before my J-1 visa expires.

Does anyone know anything about this. The only issues I can find so far are with people having the 2-year home residency requirement and I do not have this. If we were to marry before my J-1 expires, will I be able to stay in the US with him. The other question is, would I have to give up my current job for which my J-1 is for once my status is adjusted?

Many thanks for any info, it's much appreciated

Fran

Noorah101

Hi Fran,

As long as you don't have the 2 year home residency requirement, you can go ahead and get married and apply for your adjustment of status to permanent resident. This will include an application for work authorization. If you don't have that by the time your J-1 expires, you won't be able to work, but once you have the EAD in hand, you are free to work for whomever you wish.

Rene

chemgirl

Hi Rene,

Thanks so much for your reply. Yes luckily I don't have the 2 year home residency rule.

So just to clarify, I am fully expecting not to be able to work once my J-1 visa expires in September if I don't have the work authorization by then but what about in the meantime? Can I carry on and see my current job through even once I'm married and am in the process of adjusting my status?

I just ask as there is a posibility my employer will extend my contract for a few months (possibly til the end of the year) still as a J-1 and I would really like to finish up some of the projects I'm working on so if getting married would mean I had to leave work we would maybe wait to do this until the end of my contract. Do you know how near the end of my J-1 expiring it would be safe to do this?

Thanks again so much for your help,
Fran

ian-mstm

Yes... as long as your J-1 is valid you are authorized to work for your current employer. Getting married and filing for adjustment does *not* invalidate your J-1.

Ian

Noorah101

Yep, what Ian said.

Folinskyinla

Hi:

I often mention the BIA's "Hosseinpour" case from 1974 which is still good law -- He was here as an F-1 student who then married and filed for adjustment. Before the adjustment could be completed [back in those days, they had long backlogs in processing], the marriage broke up and the adjustment was denied. However, he continued all along to comply with the terms of his non-immigrant student admission. The BIA held that simply filing for adjustment was NOT a violation of status. [He was nailed on something else, not relevant here].

Bottom line -- the acts of marriage and filing for adjustment is NOT a violation or change of your J-1 status.

chemgirl

Hello,

Thanks to you all for your replies, I really appreciate it, that's great news!

Sorry for more questions but I just had one more. So it seems we should go ahead and get the ball rolling now but I do have a trip back to the UK planned for July.

If I go ahead and file for an adjustment of status before then does anyone know if I will have problems getting back into the US in July? My J-1 visa and DS-2019 are valid through August 31st so I'm thinking this should be fine going from what you have all said?

Guess it would only be a problem if the adjustment of status requires me to give up my passport or DS-2019. If there would be any issues with this we can just wait until I am back from the trip to start everything. Just wondered as it would be nice to start everything moving asap.

Thanks again!

ian-mstm

You will likely not have a problem *unless* you volunteer that you have an adjustment in progress. You would only need to mention it *if* the officer specifically asks you whether or not you have an adjustment application in the works. Otherwise, you keep quiet about it and enter on the J-1 as you normally would. You are *not* obligated to volunteer any information


To the best of my knowledge, there is no such requirement.

Ian

chemgirl

Thanks Ian for the advice, really appreciate it!

That's good news

Fran

Folinskyinla

Hi:

Yes, departure can complicate things.

If you have an adjustment pending and you leave without first having obtained an "Advance Parole" on form I-512, your adjustment will be considered abandoned.

The regulations are a tad self-contradictory on whether you need to actually USE the advance parole to come back. However, if you come back on the advance parole, you will need an independent EAD [applied for on form I-765] to continue to work.

Perhaps it might be best to wait on filing until you return on the J-1 visa. **I** think it is just fine. However, do note that the boys and girls of CBP at POE's have unlimited power to exclude you.

fatbrit

Might be a good idea to arrive without the wedding dress. In fact, might be a good idea to arrive without any wedding paraphernalia at all. If you want to bring something for he wedding from Blighty, mail it to yourself just before you leave.