smokeypaul

Hi all,

I know there are a few threads on here related to this subject but I am hoping I can get some clear information and advice from the very informative people who reply to these.

I am currently in the USA on a J1 visa which expires on May 5th 2012. I met a girl from the US whilst on vacation out here before I came out on my visa and as it turned out we were close enough geographically to get to know each other better and we subsequently entered a relationship and we wish to get married and then for me to live out here with her.

So I basically want advice on what is the best step to proceed with given the limited time I have left on my visa?

We have considered marrying before I leave and applying for a change of status while am I here but I'm not sure on the legality of marrying on a J1.

I have also considered leaving when my Visa expires and returning on a K1 so we can marry but I know there are limitations with working with that.

Any advice would be VERY greatfully recieved,

Thank you

ian-mstm

Short version: It is perfectly legal for you to get married while on a J-1. Once married, you can file all the paperwork to adjust your status to permanent resident (PR = green card). You can continue to work on your J-1 until it expires and you are allowed to remain in the US until the adjustment of status (AOS) is adjudicated. As part of the adjustment process you can apply for employment authorization (EAD) and that will allow you to work (takes about 90 days to get). Of course, once the AOS is approved you'll get a green card and will be able to continue to live/work in the US.

The only caution in this, is whether or not your J-1 has the 2-year HRR attached to it. If it does, you'll need to either fulfill the 2-yr HRR or get the requirement waived. If your J-1 doesn't have the requirement, you're good to go!

Oh... your (new) USC wife will be your sponsor and will need to meet the requirements for an I-864. All the info you need is under "Forms" at www.uscis.gov.

Long version: Okay, there's a bit more to it than what I've written, but I think this answers your initial questions... and the "long" version really is a lot longer!

Ian

jeffreyhy

If you are in the USA, and you are single, and in most states you are of the opposite sex from your intended, you can marry in the USA. Simple as that.

Regards, JEff

smokeypaul

Many Thanks for your responses, I must say it was good to hear some positive and uplifting news for a change!

I do not have the 2 year HRR on my visa so that isn't a problem.

Is there any paperwork I should start now before we even start planning the wedding? I realise we are on a very short timeframe.

Once again thank you for your replies, they have given me hope.

Smokeypaul

jeffreyhy

You've got 5-1/2 months to get married and submit I-485 with your wife's I-130 - plenty of time.

Regards, JEff

ian-mstm

No - but you'll want to download and read all the forms and instructions to familiarize yourself with them... I-130, I-485, I-765, I-131, G-325A. Start gathering stuff now so that you'll be ready to submit the paperwork ASAP after the wedding.


How soon you start things depends on how soon you want to work after your J-1 expires. It'll take about 90 days to get employment authorization after you file the AOS paperwork... and you can't do that until you're married. If you want to start work immediately after, you need to submit the AOS by the beginning of February.

Ian

S Folinsky

The wiki on this forum is your friend.

Noorah101

Agree, and don't forget the I-864.

Rene

smokeypaul

Thank you, this list is exactly what I needed! You guys are extremly helpful, thank you for taking the time to help me

ian-mstm

Y'see... this is what happens when I stay up late!

Ian

smokeypaul

Hi all,

Ok so thanks to the help you guys have provided all of our paperwork is filled out and ready, the wedding date is in 2 weeks and I think we are all set to go through this process!

Is there a standard length of time it takes to get permenant resident status after submitting all the forms?

Is there anything else we should be mindful of?

Once again, many thanks for taking the time to reply

Noorah101

Your EAD and AP should come about 90 days after filing AOS. You may or may not have an AOS interview. AOS should get adjudicated within about 6 months after filing AOS.

Rene