Seanus

Hi there,

I recently posted my story on visajourney.com: http://www.visajourney.com/forums/i...ST&f=81&t=42596 (feel free to read and offer advice if you have some). I found the info/help that I recieved to be valuable, and has helped me to better understand the process that I have to follow. It was suggested to me that I post on here also to possibly get feedback from people who are/have been in a similar situation to me.

I am currently in the US on a J1 visa which expires End of July 05, and has no 2-year residency requirement or any other restrictions. I will be marrying my girlfriend/fiance (who is a USC) before my visa expires and will file for adjustment of status thereafter, which would allow me to legally stay in the US while the adjustment is pending.

Is there anyone on here who has experience with a similar case, having been in the US and adjusted status through marriage? If so, I would love to hear your feedback and input... from processing times to any other relevent info that might be of help to me.
I think I am fortunate though that I don't have to go through the whole K-visa process as I am already in the country legally, all be it in a different visa category. Being apart from the person that I love for an extended period of time would just suck and that's what we definitely want to avoid!

I Look fwd to your responses.

~S~

Folinskyinla

Hi:

Been there, done that several times for clients. However, make SURE that you don't have a "dirty" J. The 212(e) designation on the visa and the IAP-66 [or its successor -- I can never remember the new form #] are NOT binding!

Seanus

a "dirty" J? I have no clue what you are referring to! I know that i don't have any restrictions on my J1 visa whatsoever, so what else could be an issue with it?

Folinskyinla

Hi:

In the "J" world vernacular, a "subject to" J is often referred to as a "dirty J" -- All I meant was to make SURE that you were not "subject to."

Seanus

Thanks Folinskyinla. I am positive that I have no restrictions / not subject to any HRR or anything of that nature on my DS2019 and J visa. So, i believe myself to have a "clean" J I will be seeking legal advice to make sure all the paperwork is filed correctly and in time for my adjustment to PR status.

Rete

Sorry, I didn't read your story that you linked to visajourney so I don't know what country you are from. Have you checked into the availability of direct consular filing in your country? If so, that might make far better sense to you to do then the long wait for adjustment of status here in Philly. Say you were from Australia. You guys can marry here, or there, and then apply at the US Consulate in Australia for your I-130 immediate relative visa. The wait time should only be about a month or less if you have your paperwork in order, i.e. police clearance, medical, etc. and after your approved interview you enter the US as a conditional permanent resident with all the rights and privileges of a PR. Your wife needs only come to file for you and can return to the US to set up your household, etc. and you can honeymoon in Australia.

There are some other countries that allow this type of filing where the USC is not a resident.

Seanus

Thanks for your input Rete. I am a South African citizen, and in Philly on a J1. I'll have to check into what you suggested and the US Embassy in SA. My thought process of getting married here though and filing for adjustment status here is so that we don't have to be apart from one another as well as being able to stay in the US, AND for financial reasons, having to travel out of the US and then back would be costly to. I understand that it might take longer this way but it seems the most practical.

Rete

Yes, it is practical. But note that you will not be able to work for a maximum of 91 days after your filing of the AOS and appropriate paperwork for the EAD. And unless you already have a social security number because of the J-1, you will not be eligible to apply for one until you have the EAD in hand.

From a not to thorough a background on African history, wasn't most of SA taken over by the English and Dutch? If that is you in the avatar, are you of Dutch ancestry and if so, do you hold citizenship from that country? Again, if so you should be able to do the direct consular filing from the Netherlands. The UK does not do DCF for non-resident USC.

Question: Did you not have to provide proof that you could return home at the end of your J-1 status? I thought that you as the visaholder was responsible for your own passage back to your home country at the J-1's completion. My apology if I am incorrect.

DCMark

Seanus:

I received your email but chose to post here so it can be read by other people. You are right, coming of a J1 is an excellent way to apply for PR status. It sounds like you simply met your wife by chance while you were in the US, and did not have a prior relationship. This is what happened with my wife and I.

Its really not that complicated. Sounds like you have a clean J1, meaning you need to get married and file before the J1 and you 'extra' time expires (I think you have a few weeks or month after the visa to stay in the US?).

You need to file the paperwork before this period ends. My best advice to you is start to get your paperwork in order now! Things like birth certificates, police cleanance, etc. etc can be lengthly to receive from a foreign country. If you have all the paperwork ready, you can file very soon after the marriage. The only thing you would need to wait on is a certified copy of your marriage certificate.

Its not that complicated, if you are detail oriented and fairly intelligent, you may not need an attorney, we did not. But that is up to you. The most important advice is you cannot leave the country after you get married until you file your paperwork and apply (and receive) Advanced Parole. If you leave the US after getting married without AP you may be denied re-entry!!!!

You are fortunate to be on J1 visa so don't mess it up on poor advice to leave to US and file direct consular in a country (Holland) that you have no right to citizenship. Staying here is the best option.

If you are planning to have a family wedding here, start to think about visas for your family to visit the US. I simple way to do it is to have a civil wedding first, perhaps just the two of you if you wish, then the family wedding. While some here may rush to judgement on that, it works well.

Good luck

Rete

Perhaps you would like to rephrase that sentence. I did not tell him to do that if he did not have citizenship there. I said IF he had citizenship in the Netherlands then it might be an option for him. Since he apparently has limited financial resources, this method would allow him to work immediately upon return to the US.

But then that is the option of the forum, is it not. To provide varied options to different scenarios.

Seanus

Rete, I guess i'm lucky in the sense that i already have a SS number so I will be able to work then once i have my EAd in hand, correct?!

to answer your Ques: I am a SA citizen holding no other citizenship, never even been to the Netherlands before haha. As far as the reuirements for J1 and proof that I will return to my home country (which was the UK at my time of being issued the J1), well i did prove that i could/would return so you are correct with that.

Thanks for your input though, much appreciated.

Seanus

Hey DCMark,

Thanks for your reply. I know now that I infact do have a "clean" J visa. I met my 'wife to be' before i came to the US so once i was legally here it was always going to be a question of how we could keep me here. With H1B option not proving to be to positive right now, marriage is the obvious choice - but don't get me wrong: we are marrying for love and wanting to spend our lives together and not just for the sake of keeping me in the US, although it is unfortunate that we can't do it in our own time but that can be sorted out at a leter date with a 'proper' ceremony.

I definitely don't want to have to leave the US and want to make sure that I understand exactly what is required for me to remain here as a LPR, that's why i'm posting like maniac! I am already looking into getting all the paperwork in order that i need. so I have 3 months left on my J and then the 30 days 'extra time' which also counts as being in the US legally i presume.

Thanks for your advice I really appreciate it.

Seanus

Right new questions for someone who can answer em'

1) relating to Police Clearances and with the I-485 Suplement form, I don't understand whether I would need to submit police clearences with my application or not, as it says:
" If you are filing for adjustment of status as a member of a special class.... read the instructions on the suplement form to see if you need to obtain and submit police clearances..."
Maybe someone can explain this to me please, does everyone need to submit police clearances, or only certain people and the have to pay the addtional $1000 fee?
I am slightly confused with this requirement (damn, even my question sounds confusing)

Folinskyinla

Hi:

On the SSN as work authorization -- no, the number does not serve that purpose. You may want to talk with an immigration attorney in a PRIVATE consulation. There are many good ones in the Philly area.

Your case sounds pretty straightforward IMHO. As I mentioned is that one should make sure the J-1 is "clean" -- I've seen a lot of mistakes in the determination [both ways] over the years that it makes me nervous and something to be quite careful about.

andrea874

You don't have to. They'll do a background check on ya once you apply. If youve ever had any previous arrests, then you need the court records, etc from that for the interview.

I adjusted similarly to you. Well, I had a J1, went back home (for a few months), came back as a visitor and adjusted from that. No problems whatsoever.