J1 getting married!

[PamyMike 0]

Hello everyone...

I know there is a lot of different topics about J1 visa and marriage but I really want to put my case and be sure to do the right things. I got in to USA with a J1 visa, after 3 months here I met who is now my fiance. Now I can be sending home in 2 weeks by the program because I need to find a new host family. My boyfriend and I decided to get married now because he doesn't want me to go back and I don't want to leave him either! What I need to know is this:

1. After we get married, How much time do we have before submit my AOS?

2. Can I have problem with the program because I didn't go back to my country?

3. How much exactly is the fee of everything?

I really need the answer to these questions. I don't want to make a mistake, I love my boyfriend so much. I hope here I can find the answers that we need.

Thanks!

[PamyMike 0]

Can somebody please help me?

At least let me know after I get married how much time do we have to fill all the documentation.... We really don't know. Please!!!!

[smiley1 3]

Can somebody please help me?

At least let me know after I get married how much time do we have to fill all the documentation.... We really don't know. Please!!!!

The most important thing to know is if you have 2 year home residency requirement on your J1. Depending on that you can submitt your AOS application immediately or not. If you have the 2YHHR you will need to get a waiver before you can adjust status because without that you are not eligible to adjust status. Let me know if you have that and I can give you more info once I have that answer.

[PamyMike 0]

Hi...thanks

Okay... My visa says:

Annotation: Bearer is not subject to section 212 (E) Two year rule does not apply

[smiley1 3]

Hi...thanks

Okay... My visa says:

Annotation: Bearer is not subject to section 212 (E) Two year rule does not apply

That is good news! That means that after you get married and have your marriage certificate you can immediately file for adjustment of status. You will need to send the form I-130 ( your husband petitioning for you and the fee is $355) and the AOS package : I-485 ( $ 930 + biometrics fee $ 80 ), I-765, I-131, I864, G-325 and all the additional info requested in the instructions of each form. You can check this forum and find out what additional documenths other people are sending.

Your application is the same as tourist application as long as you don't have the 2 YHRR.

I don't really think that the program has any problem with you getting married and filing for adjustment based on marriage. You came with a

non-immigrant visa and will apply for an immigrant visa. Believe me you are not the first one to do that !

If you apply for adjustment of status based on marriage your overstay doesn't really matter, but generally if you overstay more 180 days you can be banned if you leave the country when you try to return to US.

The whole process is around 3-4 months for most cases so you can have your GC really fast.

Remember that they need to know that you didn't come here with the intention to immigrate because you requested a non-immigrant visa.

Good luck ! and if you have more questions you can ask me.

[PamyMike 0]

That is good news! That means that after you get married and have your marriage certificate you can immediately file for adjustment of status. You will need to send the form I-130 ( your husband petitioning for you and the fee is $355) and the AOS package : I-485 ( $ 930 + biometrics fee $ 80 ), I-765, I-131, I864, G-325 and all the additional info requested in the instructions of each form. You can check this forum and find out what additional documenths other people are sending.

Your application is the same as tourist application as long as you don't have the 2 YHRR.

I don't really think that the program has any problem with you getting married and filing for adjustment based on marriage. You came with a

non-immigrant visa and will apply for an immigrant visa. Believe me you are not the first one to do that !

If you apply for adjustment of status based on marriage your overstay doesn't really matter, but generally if you overstay more 180 days you can be banned if you leave the country when you try to return to US.

The whole process is around 3-4 months for most cases so you can have your GC really fast.

Remember that they need to know that you didn't come here with the intention to immigrate because you requested a non-immigrant visa.

Good luck ! and if you have more questions you can ask me.

Thank you so much!!

Well this is the thing. My boyfriend is US citizen but he's still in college and my J1 Visa is with an Au Pair company. So we were trying to investigate once we get married that is next week, if we can wait like 2 months before submit my papers. Can that works?

[smiley1 3]

Thank you so much!!

Well this is the thing. My boyfriend is US citizen but he's still in college and my J1 Visa is with an Au Pair company. So we were trying to investigate once we get married that is next week, if we can wait like 2 months before submit my papers. Can that works?

Yeah you will be fine. When will your I-94 expire?

[PamyMike 0]

Yeah you will be fine. When will your I-94 expire?

Where can I see that? I think it will expire with my J1 Visa and it would be on June 26, 2010

[smiley1 3]

Where can I see that? I think it will expire with my J1 Visa and it would be on June 26, 2010

You had to fill out a form on the plane and they stapled a part of it on your passport. It has your name and you should see there what is written it should have the date you were admitted and until which date.

If your J1( AND I-94) expire on June you shouldn't worry about waiting 2 more months.

Good luck with everything!

[PamyMike 0]

You had to fill out a form on the plane and they stapled a part of it on your passport. It has your name and you should see there what is written it should have the date you were admitted and until which date.

If your J1( AND I-94) expire on June you shouldn't worry about waiting 2 more months.

Good luck with everything!

My I-94 has a stamp with the date that I get in USA and then says class J1 until D/S. That's on June. But if I leave the program my DS will not be active anymore. So how that will work?

[smiley1 3]

My I-94 has a stamp with the date that I get in USA and then says class J1 until D/S. That's on June. But if I leave the program my DS will not be active anymore. So how that will work?

Worst case scenario you will be out of status until you apply for Adjustment of Status and once you are married to US citizen and apply for AOS based on that your overstay is forgiven. And I don't think that the program will give you a hard time and report you. Can I ask you why you want to wait 2 months? Is it for financial reasons? If it is you can apply for I-130 first ( after you get married ) and then after 2 months apply for AOS.That way you have a petition pending filed for you by your husband and it's only $355.

[PamyMike 0]

Worst case scenario you will be out of status until you apply for Adjustment of Status and once you are married to US citizen and apply for AOS based on that your overstay is forgiven. And I don't think that the program will give you a hard time and report you. Can I ask you why you want to wait 2 months? Is it for financial reasons? If it is you can apply for I-130 first ( after you get married ) and then after 2 months apply for AOS.That way you have a petition pending filed for you by your husband and it's only $355.

I'm sorry but what exactly would mean "out of status"? Is that mean I will be illegal?

[smiley1 3]

I'm sorry but what exactly would mean "out of status"? Is that mean I will be illegal?

It just means that you overstayed your visa.

I just found this link where you can find out more about what D/S means and more

about your circumstances:

http://travel.state.gov/visa/temp/info/inf...ml#Durationinfo

I hope this info will help you . Good luck!

It just means that you overstayed your visa.

I just found this link where you can find out more about what D/S means and more

about your circumstances:

http://travel.state.gov/visa/temp/info/inf...ml#Durationinfo

I hope this info will help you . Good luck!

If you overstay the end date of your authorized stay, as provided by the Department of Homeland Security''s U.S. immigration officer at port of entry, or United States Citizenship and Immigration Services (USCIS), then this action on your part generally will automatically void or cancel your visa. However, if you have filed an application in a timely manner for extension of stay or a change of status, and that application is pending and not frivolous, and if you did not engage in unauthorized employment, then this normally does not automatically cancel your visa. If you have applied for adjustment of status to become a permanent resident alien (“green card” holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S.

[PamyMike 0]

Worst case scenario you will be out of status until you apply for Adjustment of Status and once you are married to US citizen and apply for AOS based on that your overstay is forgiven. And I don't think that the program will give you a hard time and report you. Can I ask you why you want to wait 2 months? Is it for financial reasons? If it is you can apply for I-130 first ( after you get married ) and then after 2 months apply for AOS.That way you have a petition pending filed for you by your husband and it's only $355.

Yeap it's for financial reasons. We were not prepare this was going to happen like that and I send my money to my country for my family and he spend part of his in the college and a new apartment. Now we are very desperate and I'm super worry!