Peopleposey

Hi there,
I am looking for some advice. I came to the US on a j1 visa. I already had a US boyfriend here but wanted to spend time with him before committing to marriage. We have now decided that marriage is the next step for us and plan to marry next month.
I have looked at the forms that need to be completed and to be honest, the process is freaking me out a little.
Can someone please tell me how much the whole process costs? How long does it take? My fiancé is starting up his own business, which does not have an income right now but he does have a house worth approx $100k, which he owns outright, will this be sufficiant or will I need a joint sponsor? How long do I have to wait before I look for work?
I'm so afraid that I'm going to be separated from him that I can't think straight.

Peopleposey

One more thing, I've been in the country for almost 4 1/2 months. By the time we get married, I'll be here nearly 6 months. Will that time frame be frowned upon by immigration when we try to adjust my status?
Thank you all for reading.

SanDiegogirl

Is your J-1 visa subject to the 2 year Home residency requirement?

Peopleposey

No it's not.

ian-mstm

The fees for each form are listed at www.uscis.gov. Your (then) husband must file an I-130, I-864, and G-325A. You must concurrently file an I-485, I-131, I-765, and G-325A. You both must also include all the appropriate evidence required by each form. Further, your (then) husband must also include up to 3 years' worth of tax returns.


What is "it"? Marriage takes about 5 minutes. Adjustment of status takes about 6-8 months.


When you say he owns it outright, are you suggesting he's the sole owner, or that there is no mortgage on the house? Either way, his primary residence is likely to be of little value for the I-864 since assets must be able to be liquidated within 1 year - not an easy thing to do in the current economy without severely lowering the value on the home. Further, only the profit from your fiancé's business can be used as income for the I-864... not the entire business income. A joint sponsor might be needed.


You can start to look for work today if you want. However, you must have an EAD before you can sign an employment contract. You'll get the EAD about 90 days after filing form I-765.


Why would you need to be separated from him? That said, being separated is par for the course with an international romance... and if you can't handle a bit of separation, perhaps you're not quite ready for marriage!


No.

Ian

Peopleposey

We've been separated for 2 years before I came out here. I just don't want to be separated from him any longer. The 2 years were hard and I would rather not have to do it again.
There is no mortgage on the house. We have looked into selling it and with the current market here, we have been told by a local realtor that it can be sold within 6 months, without having to lower the value. With this information, do you think the value of his house could be used for the I-864? I can get a joint sponsor if needed, I would just rather not if I don't have to.
My fear is that I will get denied the adjustment of status. I'm probably ring very irrational in my thoughts but fear has taken over.

ian-mstm

I've no idea. If you sell the house you still have to live somewhere! That said, there's nothing to lose by using the house for assets on the I-864 and seeing what happens! If the I-864 is not acceptable as is, the adjustment won't be denied out of hand for lack of a financial sponsor... you will be given time to secure a joint sponsor and, once you have one, the adjustment will likely be approved.


Yes, I understand.

Ian

jeffreyhy

My guess is that he'll need a joint sponsor. An asset must be able to be converted into cash within 1 year without financial harm to the asset owner. With no income your fiance isn't going to be able to generate cash by mortgaging the house, and although selling it for the claimed value may be possible to do in a year's time, where would he and you live? Pay rent, an expense that he doesn't currently have, which would just compound the problem of needing money? You can look now. An unpleasant thought, perhaps, but others have survived the experience and there are a lot worse inconveniences in life. Regards, JEff

Peopleposey

Thanks for your replies :0)

Peopleposey

One question I forgot to ask... Once I get married and submit paperwork to adjust my status, is my j1 visa automatically void? Or does it become void once everything is approved?
Thank you.

ian-mstm

No. The J-1 will remain valid up until the day it expires.


Your J-1 will become void the day it expires - and not until then. What happens in your case, is that your new status will supersede your old status - but that's not the same as your old status being voided.

Ian

jeffreyhy

No. [QUOTE=Peopleposey;10665429] Once I get married and submit paperwork to adjust my status, is my j1 visa automatically void?

Once you become a Permanent Resident you no longer need a visa, so it's not relevant. Regards, JEff

Peopleposey

Thanks a million. I've been looking at the forms that need completing and they all look pretty basic. I've secured a sponsor, just in case so am hoping it all goes smoothly. I cant see why it wouldnt. Thanks again for your quick replies. :0)

S Folinsky

<sigh> There are often perceived "rules" which really don't exist.

The time period you are talking about is in the rubric of "pre-conceived intent" and usually applies when a person comes here as tourist of which the definition includes an intent to depart fairly shortly.

So, you are a J-1 -- the only required major intent is to engage in your J-1 employment. I've had H-1b's get married the day after admission -- since they were engaged in the employment just like they promised, no problem.

Many years ago, I represented a businessman who was making frequent "B" visa trips to the US for his business. On one trip, he married his longtime girlfriend and then departed foreign. On the next trip, he filed for adjustment two days after arrival and obtained advance parole. He departed foreign within three weeks after arrival. On the next trip, he was interviewed and the Dark Forces made noises of PCI. I noted that his intent on the visit where he filed for AOS was to come for three weeks and he did just that. I also cited law that filing for adjustment is NOT inconsistent with maintaining non-immigrant status [the case is from 1974 and many people, including attorneys and members of the Dark Forces don't realize it exists -- go figure].

S Folinsky

I would point out that some people hire a lawyer just for some peace of mind. If that fits within "need" is a question I will leave to you.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon