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J1 loves Permanent resident with baby on the way!

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Filed: Other Timeline

Hi!! I'm new and I need as much information about my dilemma. My boyfriend is Australian and is here in the US with a J1(working) visa and I am a permanent resident(green card holder) here in the US. We've been together for over a year and expecting a baby in 4 months. We are excited and happy but we are also tensed because his job contract(J1 visa) will expire at the end of April. We don't want to be separated when his contract ends especially that I'll be having the baby on May. We thought of getting married soon so we can be together as we meet our son on May. Is that a good plan or is there a better one? We're so confused and torn with what is the best option! I appreciate all your legal and valid info.

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Because you are a permanent resident, you can petition for your spouse (you have to get married), but there are extra restrictions. First of all, you would submit a I-130, and have to wait for your priority date to become current. Your husband would be in category F2A. They are working on F2A cases from Jan 2008 right now. Here is the current bulletin http://www.travel.state.gov/visa/bulletin/bulletin_5228.html

So after your priority date is current, then you will file for his permanent residence. He can adjust in-country, but only if he is currently in status on his visa. Overstay is forgiven/irrelevant for spouses of US Citizens, but not for spouses of LPRs. In 3 years, he will no longer be in status on his visa.

I would consider getting another work visa if possible, or trying to switch to another type of work visa. Also, when will you be eligible to file for citizenship? If it's soon, that can change things. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Canada

duplicate thread in Employment Visa forum removed as this is the most appropriate location for this thread.

Moderator's hat off . . .

Citizenship is currently averaging about 4 months, however there is a great deal of variability in when the oath ceremony takes place. Getting to the interview/approval stage could be in as little as 3 to 3 1/2 months if you are very lucky but 4 months is more usual. The oath ceremony may be scheduled from anytime the same day as the interview (if your USCIS does same day ceremonies and you interview in the early morning) to 4 or 5 or more months later for USCIS offices that are in less populated parts of the country.

Your best plan is to file for citizenship and make sure he doesn't overstay his visa. If he is able to obtain an extension or a new visa, then you will be able to proceed with the AOS after you are married and you have received your citizenship. If he is unable to extend his visa, then you can get married still. He will need to leave the US when his visa expires but you will be able to sponsor him for a CR-1 visa even as a permanent resident. Then, when you get your citizenship you can upgrade the status of your application to US citizen and a visa becomes immediately available for him once he finishes the Consulate processing which again will take a number of months, and possibly up to a year.

Good luck.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables


Another Member of the VJ Fluffy Kitty Posse!

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