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-   -   J1 Visa Holder marrying US citizen (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/j1-visa-holder-marrying-us-citizen-596521/)

MDiamond1379 Mar 10th 2009 12:11 am

J1 Visa Holder marrying US citizen
 
Hi,

I am a J1 visa holder approaching the time of my current visa expiration date (April 30th). I am currently living with my girlfriend in New Jersey and am not subject to the two year home rule. Originally I had a job lined up to start directly after my current visa expires. My American girlfriend and I had planned on getting married next year. However the job fell through and I do not now have time to get another position and transfer my visa prior to April 30th. Therefore my girlfriend and I recently (last week) decided to get married and the ceremony will happen this Friday (March 13th).

We were trying to decide on whether to apply for the green card ourselves or to go with a lawyer. However after looking at all of the forms we would need we were thinking of getting a lawyer. Earlier today I got a quote from one lawyer of $2000 plus filing fees (approx. another $1500). I am a researcher and my girlfriend is a grad student so we do not have much money. Are we better off doing it ourselves? If not Can anyone recommend a good immigaration lawyer in New Jersey who is worth the money?

Hope someone can help!

meauxna Mar 10th 2009 12:13 am

Re: J1 Visa Holder marrying US citizen
 
Weird, is her name Anna? :lol:

http://britishexpats.com/forum/showthread.php?t=595413

MDiamond1379 Mar 10th 2009 12:15 am

Re: J1 Visa Holder marrying US citizen
 
Yes it is!

I thought I would do some posting for a while and give her a break!

:thumbup:

Anna_Lind Mar 10th 2009 12:22 am

Re: J1 Visa Holder marrying US citizen
 
Hey Mark, if you check my previous post we already got the advice that it is a personal choice when it comes to the lawyer/no lawyer question.

I don't think anyone can answer that question for us.

-Anna

meauxna Mar 10th 2009 12:25 am

Re: J1 Visa Holder marrying US citizen
 

Originally Posted by MDiamond1379 (Post 7361812)
Yes it is!

I thought I would do some posting for a while and give her a break!

:thumbup:

Cool, just didn't want to cover the same territory on two threads.. welcome!

There is an additional option; have a consultation or two with a willing immigration attorney. this is usually a good idea IMO if you have an immigration history (like your current visa).. just to make sure there are no stink bombs.
At least one of you needs to get partially obsessed with the process, but people bumble their way through it all the time.
Have a read through the wiki guide on Adjustment of Status here at BE, and read a couple of other DIY type guides.. ooh, in fact I found a good one the other day...

hmm, he's changed the site. Anyway, this one is put together by a lawyer. And I know that this one is accurate: Guide for Adjusting Status - Including a Concurrent filing of the 1-130

What you want to do is read over the process several times until the lingo sinks in and you see the whole picture clearly. Where people do themselves in is reading one form and acting on it instead of seeing how each piece fits together.

I think you'll know after a week of whacking away at this if it is something you can & want to do yourselves or not.

The $2000 + filing fees is a pretty reasonable quote. IF the person does what you want. First you need to define that. :)

meauxna Mar 10th 2009 12:29 am

Re: J1 Visa Holder marrying US citizen
 
Little tip: download your forms ONLY from USCIS.gov ; ALWAYS re-check the filing fee and filing address from that download page (not the form) before submitting and from this day forth, keep a copy for yourself of every page you submit to USCIS.

There are hundreds of success stories posted here by people who've done their own cases. Clearly we all think it CAN be done on your own (most of us did).. the difficult part is knowing how suited YOU are to it.

MDiamond1379 Mar 10th 2009 12:35 am

Re: J1 Visa Holder marrying US citizen
 
Thanks very much... I will read what you suggested and try to decide if diy is for us!

MDiamond1379 Mar 10th 2009 12:58 am

Re: J1 Visa Holder marrying US citizen
 
Does anyone know much about advance parole? My brother is getting married in June in the Philippines (yes we get all over the place!) and I would like to be at the wedding... is it difficult to get advance parole? Do you need to provide proof of anything.. (e.g. wedding dates) to get it?

We read about it on wiki... but there wasn't much info.

ian-mstm Mar 10th 2009 1:35 am

Re: J1 Visa Holder marrying US citizen
 

Originally Posted by MDiamond1379 (Post 7361949)
... is it difficult to get advance parole?

It's quite easy to get A/P... and the fee is included in the AOS package. If it were possible to apply for AOS the day after your marriage this week, you might get the A/P prior to the beginning of June... or you might not. If you leave the US after filing for adjustment, but before you receive A/P, your adjustment package will be deemed abandoned, and you will have to start over again with a spouse visa... and you will not be allowed to live in the US until you have that visa.



Do you need to provide proof of anything.. (e.g. wedding dates) to get it?
You can not apply until after you are married and as part of the AOS package.

Ian

MDiamond1379 Mar 10th 2009 8:21 pm

Re: J1 Visa Holder marrying US citizen
 
I am currently filling out the I-131 form for advance parole. I have a couple of questions:

1) For A#: I do not seem to have one. Should I? If not should I put in dashes as suggested on other threads?

2) For Class of admission: Is it J1 visa for me?

3) I intend to travel if possible in June to the Philippines to my brothers wedding... what kind of evidence should I provide? Is it necessary?

Noorah101 Mar 10th 2009 8:25 pm

Re: J1 Visa Holder marrying US citizen
 

Originally Posted by MDiamond1379 (Post 7364920)
I am currently filling out the I-131 form for advance parole. I have a couple of questions:

1) For A#: I do not seem to have one. Should I? If not should I put in dashes as suggested on other threads?

2) For Class of admission: Is it J1 visa for me?

3) I intend to travel if possible in June to the Philippines to my brothers wedding... what kind of evidence should I provide? Is it necessary?

1. Just put dashes.
2. Yes, J-1
3. You don't need to provide any evidence. List the intended date of travel on the I-131, and hope it comes in time.

Rene

MDiamond1379 Mar 10th 2009 8:27 pm

Re: J1 Visa Holder marrying US citizen
 
Thanks....

This forum is great! :thumbsup:

MDiamond1379 Mar 10th 2009 9:43 pm

Re: J1 Visa Holder marrying US citizen
 
OK now I am filling out form I-485 and it is asking for current USCIS status... is that the same as my visa status (J1 research scholar) or is it something different?

ian-mstm Mar 10th 2009 11:30 pm

Re: J1 Visa Holder marrying US citizen
 

Originally Posted by MDiamond1379 (Post 7365161)
OK now I am filling out form I-485 and it is asking for current USCIS status...

Your status... "Admitted on J-1 visa".

Ian

Scot_in_NYC Mar 12th 2009 7:38 pm

Re: J1 Visa Holder marrying US citizen
 
Hi McDiamond - I'm in a very similar position to yourself although my visa runs out later.

I was hoping you could tell me (if you know) how long it takes for an adjustment of status application to be accepted as a submission?

It seems that once the authorities accept I have submitted my appication then they will allow me to stay in the country after by visa expires in October until a decision is made.

I don't have a wedding date etc and dont want to leave it too late you see. I want nothing to jepordise my chances of being granted full rights to live here.

I guess what I'm asking is what is the last date I could get married and submit these forms before my visa expired October 10.

Thanks!


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