Jump to content
Michelle81

J-1 extension or change of status

By Michelle81 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

9 posts in this topic

Recommended Posts

Michelle81 Rookie

Michelle81   0

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

i am currently here in an 18 months J-1 visa, i still have a few months left before my visa expires. i have been in a relationship with a US citizen for 2 years now and we have been engaged since New Year's Eve. we have plenty of photos and proof we are a legit couple. (Bless summer camps!) previously ive had three J-1 summer camp 3months visa and am currently on an 18 month visa.

we want to marry so we can begin our life together here in the US however i am unsure of what i need to do or a time frame i need to complete it in.

should we get married before my visa expires then submit change of status forms?

should i return home then apply for a fiance visa?

does my 30 day grace (free travel) period include time to get married or it it officially time within my working permit?

i would appreciate any help!

thanks,

Michelle81

Link to comment
Share on other sites
Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
i am currently here in an 18 months J-1 visa, i still have a few months left before my visa expires. i have been in a relationship with a US citizen for 2 years now and we have been engaged since New Year's Eve. we have plenty of photos and proof we are a legit couple. (Bless summer camps!) previously ive had three J-1 summer camp 3months visa and am currently on an 18 month visa.

we want to marry so we can begin our life together here in the US however i am unsure of what i need to do or a time frame i need to complete it in.

should we get married before my visa expires then submit change of status forms?

Yes

should i return home then apply for a fiance visa?

No - unless there is some sort of restriction (like going home for 2 years), you should AOS here. If you have the 2 year req, you will need a waiver.

does my 30 day grace (free travel) period include time to get married or it it officially time within my working permit?

Not really - that time is to settle your accounts in the US and prepare to depart.

i would appreciate any help!

thanks,

Michelle81

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites
Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
thank you!

has anyone else done this adjustment before? im confused about which forms i'll need to fill out.

Are lawyers a good option?

:) Michelle81

:guides: will answer your questions and tell you what forms you will need.

Lawyers are good if you have a messy case. You case seems pretty straight forward.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites
Philosykos Enthusiast

Philosykos   0

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted

Yes, get married, and don't leave the country until your AOS is approved! You got engaged while you were already in the US, so that's perfectly legal. You really want to avoid going through the stress of a K-1 application and being apart for 6-10 months. Unless your J-1 visa involves direct government funding, there should be no home residency requirement, and if there is, you can probably get a waiver. Best of luck!

Link to comment
Share on other sites
nui Rookie

nui   0

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

Hi

I am adjust from J1 too.

follow the guide. you will be fine .. :thumbs:

10-06-2007 met

10-11-2008 engaged

06-30-2009 married

<<<<<<<>>>>>>

07-17-2009 send out the package (I-130, I-145, I-765) all in one + 2 checks

07-20-2009 package arrived ! signed for by L box

07-27-2009 NOA came in the mail ~ all 3

08-01-2009 received biometrics appointment for August 24, at 3 pm

08-22-2009 wedding party!! (with friends and families)

08-24-2009 Biometrics at USCIS Detroit (took about 15 minutes)

08-31-2009 EAD in hand!!!!! wow (only a week from biometrics!)

09-08-2009 got Interview appointment for Oct 8,09 at 1.00 pm in Detroit !!! YEAH

10-08-2009 Interview Date @ 1 pm @ Detroit

10-08-2009 INTERVIEW.......Approved

On October 8, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

10-13-2009 NOA - welcome to America Letter !

10-19-2009 GREEN CARD in hand ! (done with USCIS , see you again in 1 year and 9 months)

<<<<<<<>>>>>>>>

9/6/2011 I751 removing of conditions sent

9/10/2011 package delivered

9/14/2011 check cashed

9/17/2011 NOA received...greencard 1 year extended

9/19/2011 Biometrics appointment letter received

10/07/2011 Biometrics

12/07/2011 GreenCard (10years) in mail box :)

WcErm4.png

Link to comment
Share on other sites
  • 1 year later...
seana carroll Newbie

seana carroll   0

Posted
Filed: Country: Australia
 Timeline
Posted

we are getting married in April and my fiance is here on a j1. He is leaving on july 28 for a visit home preplanned and purchased.

if we get a bridging visa for the j1 and send in our AOS but it does not get approved BEFORE he leaves in july for a visit home... are we in danger of him getting stuck overseas and not being able to return?

Hopefully there will be no RFE on the AOS and that between the day after we get the marriage license and send in the AOS request and when he is due to leave for a visit home that we get approved...

Link to comment
Share on other sites
Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

I'm adjusting from F1 (married to a USC), but I think the process is pretty much the same for J1 adjusters. Your fiance will need to have AP (advance parole) document before he can leave the US once you have submitted the AOS paperwork. You'll be submitting the application for AP simultaneously with the rest of the application, and from what I know, the travel document comes usually in 2-3 months from when the AOS was submitted - I don't know when in April you are getting married, but if you were to send in your AOS package around middle of May, you could have your AP anytime between middle of June - middle of July.. so it's touch and go. The other issue is (and I am facing a bit of the same problem) that he has to be in the US for your interview - which might very well be scheduled for July. So you need to think about all these timing issues before you submit your AOS.

It is HIGHLY unlikely he'd have a GC in hand by the time he is traveling (almost impossible), but he can travel as long as he has the AP.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...