Semi convoluted situation- where to start?

[Martinelli 0]

Hi,

First post here- I looked at the guides but maybe a member here has experience with the exact situation that I'm in.

My girlfriend is on a F-1 visa/OPT which will expire soon since she recently graduated. (previously she was on a J-1 visa, and she was subjected to the 2 year residency requirement, of which she still has 5 months remaining). As it stands, she would have to leave in August. We are considering marriage, but I am uncertain whether we should do it before August in the US, or after in her home country. As I understand it, if we do it before, we would file a I-130 and an AOS, but I am uncertain how her previous J visa would affect this. If the J visa restriction is binding (we are also pursuing getting a waiver), then should we wait the 5 months, then apply for some sort of K visa instead?

Thanks for your help.

[Bobby+Umit 161]

Hi,

First post here- I looked at the guides but maybe a member here has experience with the exact situation that I'm in.

My girlfriend is on a F-1 visa/OPT which will expire soon since she recently graduated. (previously she was on a J-1 visa, and she was subjected to the 2 year residency requirement, of which she still has 5 months remaining). As it stands, she would have to leave in August. We are considering marriage, but I am uncertain whether we should do it before August in the US, or after in her home country. As I understand it, if we do it before, we would file a I-130 and an AOS, but I am uncertain how her previous J visa would affect this. If the J visa restriction is binding (we are also pursuing getting a waiver), then should we wait the 5 months, then apply for some sort of K visa instead?

Thanks for your help.

You could get married now. If she requires a waiver, you can apply for it to allow the AOS to go through.

Or she can go home in August, (wait till the residency req. is met), and then you can apply for the CR-1. (again- you will have to find out if that requirment is still needed since she changed visas, I am not sure on that point).

Perhaps a quick talk to a immigration lawyer can help you?

Edited June 15, 2009 by Bobby_Umit