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J1 Visa holder to Marry US Citizen

#1 G_Star

G_Star

    Junior Member

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Posted 10 August 2011 - 04:29 PM

I am currently in the US on a J1 Visa (2 year residency rule does not apply) and will be marrying my US Citizen boyfriend shortly. My J1 Visa expires in 3 months.

I have been trying to work out how to apply to stay longer and am very confused about what forms and what type of visas i apply for.

Should I:
A) Apply for a Change of Non immigrant status to a K3 whilst also submitting the I 130 form

or

B) Apply for Permanent residence with the I 485 whilst also submitting the I 130 form.

Which of these is the best option and which we allow me to stay in the US after my J1 visa expires in 3 months? I am very confused so any help is much appreciated!!
  • 0
Filed AOS, EAD & AP: 15 Sep 2011
Received NOA: 23 Sep (dated 19 Sep)
Biometrics Letter: 29 Sep
Biometrics App: 20 October
Called and sent letter to congressman :24 Oct
Call from congressman saying EAD &AP is approved :25 Oct
Email from USCIS that EAD ordered and AP approved: 26 Oct
Received RFE for tax return: 26 Oct
Responded to RFE: 31 Oct
EAD & AP received:2 Nov (Day 49)

#2 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 10 August 2011 - 04:30 PM

Choice B. here is the guide: http://www.visajourn...tent/i130guide2
  • 0

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#3 G_Star

G_Star

    Junior Member

  • PipPip


Posted 10 August 2011 - 04:57 PM

Choice B. here is the guide: http://www.visajourn...tent/i130guide2



Thank you. I'm still confused if I will be allowed to stay in the US after I have sent in the I 130 and I 485 forms?? And if so, will I be able to travel to other countries whilst it is being approved??
  • 0
Filed AOS, EAD & AP: 15 Sep 2011
Received NOA: 23 Sep (dated 19 Sep)
Biometrics Letter: 29 Sep
Biometrics App: 20 October
Called and sent letter to congressman :24 Oct
Call from congressman saying EAD &AP is approved :25 Oct
Email from USCIS that EAD ordered and AP approved: 26 Oct
Received RFE for tax return: 26 Oct
Responded to RFE: 31 Oct
EAD & AP received:2 Nov (Day 49)

#4 Bsze

Bsze

    Senior Member

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Posted 10 August 2011 - 04:59 PM

You will be allowed to stay in the US while it's being processed. But you won't be able to leave the country until you have your Advanced Parole or Green Card.
  • 0
I-129F
9/18/09 - Mailed I-129F packet
9/22/09 - NOA1
12/16/09 - NOA2
2/11/10 - Interview (APPROVED!)

AOS
8/23/10 - Mailed AOS packet
9/1/10 - NOA1
9/27/10 - Biometrics, transfer to CSC
10/22/10 - EAD & AP approval
11/2/10 - Green Card approval

Removal of Conditions
9/1/12 - Mailed I-797C packet
9/10/12 - NOA1
10/1/12 - Biometrics
4/4/13 - Card production ordered

#5 Delle78

Delle78

    Newbie

  • Pip


Posted 26 September 2011 - 11:17 PM

Hi!
I'm a little ahead of you as I already got married to an US citizen and I sent my Adjustment of Status packet last week, having already received my first Notice of Action. What our fellow member said is true, you need to Adjust your status (I-130, I-485, etc) and don't forget to send the Advance Parole form so you can travel whilst the green card is pending. The Advance Parole takes about 60 days (or more) to be approved. Let me know if you have any questions...don't be long as you will need to do a medical exam (I-693) and that may be a little while too!
  • 0

#6 LizaG

LizaG

    Member

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Posted 13 October 2011 - 11:32 PM

Yes, remember to stay in the country while your adjustment of status is being processed! This is important.
  • 0
Keep the dream alive...



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