J-1 Exchange Visitor Visa

[goinggreen 0]

My fiance is in the country on a J-1 Exchange Visitor Visa. We would like to get married in the spring of 2009 and plan to apply to adjust her status using the I-485 form. We plan on getting married, then filling out the I-485. The I-485 form states that J-1 visa holders are ineligible, and need to complete a waiver form in order to be considered for adjustment.

Has anybody actually gone through this process and can you tell me what happened? And what waiver form do I need to fill out? Any ideas? Thank you.

[payxibka 10,048]

My fiance is in the country on a J-1 Exchange Visitor Visa. We would like to get married in the spring of 2009 and plan to apply to adjust her status using the I-485 form. We plan on getting married, then filling out the I-485. The I-485 form states that J-1 visa holders are ineligible, and need to complete a waiver form in order to be considered for adjustment.

Has anybody actually gone through this process and can you tell me what happened? And what waiver form do I need to fill out? Any ideas? Thank you.

I believe you will need an I-130 as well

Does the J-1 have the 2 yr HRR? IF so you need that waived.

Edited March 3, 2008 by fwaguy

[saratara 0]

Hi. I am adjusting my status from J-1, and you can do it no problem if J-1 isn't subject for 2 year home residency. In that case she can't adjust. Is she Au Pair? If she is Au Pair she can adjust no problem. You also need I-130 for sure.

[goinggreen 0]

Does HRR stand for Home Residence Requirement? She is an au pair living with her host family. After her au pair is done we will get married and adjust her status. I'm trying to find out how to get the J-1 waiver so that we can adjust her status.

Saratara, did you have to fill out some kind of J-1 waiver form? Thank you.

Edited March 3, 2008 by goinggreen

[saratara 0]

Does HRR stand for Home Residence Requirement? She is an au pair living with her host family. After her au pair is done we will get married and adjust her status. I'm trying to find out how to get the J-1 waiver so that we can adjust her status.

Saratara, did you have to fill out some kind of J-1 waiver form? Thank you.

Listen you don't need waiver. I was an Au Pair, and was living with an american family! When she finish program, and when you guys get married, you need to file I-130, I-485, G-325A (for you one, and for her 2), then I-693 and I-693A, I-864, and also if she would love to work she should file for I-765.

If she would like to travel I-131 (but I don't recommend if she stay long out of status, I didn't file for travel since I didn't want to leave the country until I don't have GC)

So if you need anything you can be free to ask me but don't worry about waiver because Au Pairs are not subject for 2 years home residency require :-)

Edited March 3, 2008 by saratara