Ok here is a question if you have a J-1 visa that is up in sept and you also have a B-2 tourist visa that is good for 10 years but you entered with the J-1 when that is no longer good can you just stay on your other visa or do you have to leave and re enter the USA with the tourist visa?
thank you
jeremy

If you are already in the US why are you filing for a CR1 ? do you have a 2 years home residency on your J1? I would have thought you would have been better filling for I-130 and AOS together....

Kez

This is not for me first but The person it is for has a new i-130 pending but i just want to make sure that she does not have to leave the country when her J-1 visa with no home residency requirment is done or if she needs to leave and come back using her other visa
thanks

If she has got married to a USC then she needs to file for AOS as well as I-130... the I-130 will not allow her to remain in the USA... she needs to file for AOS and include a copy of the NOA1 for her I-130....

Kez

ok i am confused the question was If you entered the USA with a J-1 visa that ends in two weeks but you also have a 10 year B-2 visa does it just kick in or do you have to leave the country and than come back in using your other visa?

But to add on to what you said if your here with a j-1 visa you get married and enter a I-130 and AOS you can stay?
jeremy

The B2 visa is only used for entry into the county. It does not grant a person legal status in the US. So, your friend will have to leave and return presenting the B2 visa for her entry. If she is allowed in, she will get an I-94 which will indicate how long she can legally stay in the US (usually from 1 to 6 months).




However, I would listen to Kez's suggestion. If your friend is now married to a USC, she should just file for AOS before her J1 visa expires. If she already has a NOA for her I130, then she should include a copy of that NOA as part of her initial evidence when she files the AOS.

No the B1 visa will not kick in...... her entry was on a J1 and her I-94 will be the date she must leave the US.... if she has married a USC then she can file for I-130 and AOS together and this will allow her to remain in the US despite the fact that her J1 has expired....

If she has only filed the I-130 then she will have to depart the US by the date on her I-94 and complete the CR1/K3 visa in her home country.... OR she can file the AOS papers and include a copy of her reciept for the I-130 and just adjust her status and remain....


Kez

Thanks for all the info just one last question How does sending the I-130 and AOS let her stay even though her visa is up?

It changes her status from J1 to AOS pending and she can remain legally in the US until a decision has been made....

Kez