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URGENT J1 Marriage Question!

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I've been with my partner since 2012. he's been in the US on an OPT Visa which is expiring in July. He's been employed by a US University while on OPT. We just got married last month (May 2015) and this is all new to Us (the potential VISA issues). His employer (private University) had him get a J1 Trainee Visa instead of H1B. My spouse flew home last week to his home country in Europe (he's not subject to the 2 year rule from what he's been told by the University). He has his Embassy interview for the J1 in the coming days. Is there anything he or I needs to be aware of?

He has to bring the J1 back to the University by July 1st to continue employment. There was no way we could file anything in time for him to still keep his job. Will there be any problem if we go the CR-1 route for his Green Card instead of AOS? I jsut don't want him to have any issues coming back into the US. All the research I've done says the CR-1 is most logical.

I am a US citizen.


11/29/2015 - Mailed I-130/I-485/I-765 concurrent AOS filing to USCIS Chicago Lockbox

12/02/2015 - AOS packet Delivered to USCIS via USPS

12/08/2015 - Received 3 NOA text messages from USICS at 11:25 PM / $420 and $1070 checks cleared

12/12/2015 - Hard Copy of NOA received in the mail for the I-765 and I-485

01/05/2016 - Biometrics Appointment

12/31/2015 - RFIE - Request for Initial Evidence

01/10/2016 - Received RFIE - requesting proof of I-130 sponsor being US Citizen

01/12/2016 - FedEx RFIE Response

01/14/2016 - USCIS received RFIE Response

01/27/2016 - Ready to be scheduled for INTERVIEW

02/16/2016 - NEW CARD BEING PRODUCED / I-765 Case Approved

02/19/2016 - NOA2 Approval for I-765 received / EAD Card was mailed

02/23/2016 - EAD Card arrived today via Priority Mail

11/02/2016 - Interview Scheduled for 12/01/2016 !!!

12/01/2016 - Interview date (Interview cancelled on 11/18/2016)

01/12/2017 - ACTUAL INTERVIEW IN ST. Louis (need to get new medical submitted)

01/19/2017 - New medical dropped off at USCIS & CASE APPROVED ! I-485 & I-130

01/25/2017 - GREEN CARD IN HAND! - DONE!!!!!!!

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J1 is a non immigrant visa, H1b would have been better as it allows dual intent.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The University did not want to give him an H1B, rather a J1. I assume due to the cost involved. What are our options from here? He already had the appointment for the J1 interview this month.

Thanks!


11/29/2015 - Mailed I-130/I-485/I-765 concurrent AOS filing to USCIS Chicago Lockbox

12/02/2015 - AOS packet Delivered to USCIS via USPS

12/08/2015 - Received 3 NOA text messages from USICS at 11:25 PM / $420 and $1070 checks cleared

12/12/2015 - Hard Copy of NOA received in the mail for the I-765 and I-485

01/05/2016 - Biometrics Appointment

12/31/2015 - RFIE - Request for Initial Evidence

01/10/2016 - Received RFIE - requesting proof of I-130 sponsor being US Citizen

01/12/2016 - FedEx RFIE Response

01/14/2016 - USCIS received RFIE Response

01/27/2016 - Ready to be scheduled for INTERVIEW

02/16/2016 - NEW CARD BEING PRODUCED / I-765 Case Approved

02/19/2016 - NOA2 Approval for I-765 received / EAD Card was mailed

02/23/2016 - EAD Card arrived today via Priority Mail

11/02/2016 - Interview Scheduled for 12/01/2016 !!!

12/01/2016 - Interview date (Interview cancelled on 11/18/2016)

01/12/2017 - ACTUAL INTERVIEW IN ST. Louis (need to get new medical submitted)

01/19/2017 - New medical dropped off at USCIS & CASE APPROVED ! I-485 & I-130

01/25/2017 - GREEN CARD IN HAND! - DONE!!!!!!!

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You had three options, you chose to go with one.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Is it possible to go enter the U.S. having already married a U.S. citizen (myself) on a J1 and then go for the CR-1 route once the J1 is up and he goes back to his home country to get the CR-1?


11/29/2015 - Mailed I-130/I-485/I-765 concurrent AOS filing to USCIS Chicago Lockbox

12/02/2015 - AOS packet Delivered to USCIS via USPS

12/08/2015 - Received 3 NOA text messages from USICS at 11:25 PM / $420 and $1070 checks cleared

12/12/2015 - Hard Copy of NOA received in the mail for the I-765 and I-485

01/05/2016 - Biometrics Appointment

12/31/2015 - RFIE - Request for Initial Evidence

01/10/2016 - Received RFIE - requesting proof of I-130 sponsor being US Citizen

01/12/2016 - FedEx RFIE Response

01/14/2016 - USCIS received RFIE Response

01/27/2016 - Ready to be scheduled for INTERVIEW

02/16/2016 - NEW CARD BEING PRODUCED / I-765 Case Approved

02/19/2016 - NOA2 Approval for I-765 received / EAD Card was mailed

02/23/2016 - EAD Card arrived today via Priority Mail

11/02/2016 - Interview Scheduled for 12/01/2016 !!!

12/01/2016 - Interview date (Interview cancelled on 11/18/2016)

01/12/2017 - ACTUAL INTERVIEW IN ST. Louis (need to get new medical submitted)

01/19/2017 - New medical dropped off at USCIS & CASE APPROVED ! I-485 & I-130

01/25/2017 - GREEN CARD IN HAND! - DONE!!!!!!!

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Yes

Why you would go the CR1 route I do not know.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler, I thought we had to go the CR1 route, if we can do AOS that would be preferable.


11/29/2015 - Mailed I-130/I-485/I-765 concurrent AOS filing to USCIS Chicago Lockbox

12/02/2015 - AOS packet Delivered to USCIS via USPS

12/08/2015 - Received 3 NOA text messages from USICS at 11:25 PM / $420 and $1070 checks cleared

12/12/2015 - Hard Copy of NOA received in the mail for the I-765 and I-485

01/05/2016 - Biometrics Appointment

12/31/2015 - RFIE - Request for Initial Evidence

01/10/2016 - Received RFIE - requesting proof of I-130 sponsor being US Citizen

01/12/2016 - FedEx RFIE Response

01/14/2016 - USCIS received RFIE Response

01/27/2016 - Ready to be scheduled for INTERVIEW

02/16/2016 - NEW CARD BEING PRODUCED / I-765 Case Approved

02/19/2016 - NOA2 Approval for I-765 received / EAD Card was mailed

02/23/2016 - EAD Card arrived today via Priority Mail

11/02/2016 - Interview Scheduled for 12/01/2016 !!!

12/01/2016 - Interview date (Interview cancelled on 11/18/2016)

01/12/2017 - ACTUAL INTERVIEW IN ST. Louis (need to get new medical submitted)

01/19/2017 - New medical dropped off at USCIS & CASE APPROVED ! I-485 & I-130

01/25/2017 - GREEN CARD IN HAND! - DONE!!!!!!!

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