I-864 Waiver (How to get green card without I-864)

[i864 0]

I am a US citizen. My fiance is here in the US on a J1 Visa. How can we get her permanent residency without haveing to file an I-864, and without her haveing to leave the country? Any ideas?

[Chica Yeyé 41]

I don't believe you can adjust status being a fiance. You would have to get married and then Adjust Status -- and no way around the Affidavit of Support (I-864 ore I-134). sorry

[RaTBoX 1]

Firstly you need to consider the 2 year residency requirement if it applies to her visa. If she has that requirement she needs to first file for a waiver.

If she gets the waiver, then she can look for ways and means to adjust.

I don't believe you can adjust status being a fiance. You would have to get married and then Adjust Status -- and no way around the Affidavit of Support (I-864 ore I-134). sorry

There are ways around an I-864. Having an employment based visa petition for a green card gets you out of it, you then have to supply an employer letter rather than an I-864.

[YuAndDan 153]

As the others have said J-1 may have a foreign residency requirement. Fiancee cannot adjust status based on marriage until married to a US citizen.

US Citizen spouse must provide affidavit of support (I-864) unless the prospective immigrant has worked and is credited with 40 qualifying quarter's of work in the USA (About 10 years) http://travel.state.gov/visa/laws/telegram...grams_1381.html