Changing J-1 visa after marriage

[Fitzer 0]

I am over on a J-1 visa and recently got married to a US citizen, my long term girlfriend. We have the all the forms ready to fill out but Im just curious of a few things though. Are the fees expected straight away or is there a time period after the forms are turned in? Also I have heard of people having to return to their home country to fill in the forms and wait until approval but I have also heard of others being able to stay in the US, what circumstances is based on? And finally if approved what is the waiting period for a work visa renewal??

Any info would be much appreciated,

Thanks

[kzielu 1,144]

People were returning to their country to not commit visa fraud which would be entering US with immigration intent on non-immigrant visa. This does not seem to be the your case, so would not worry.

Fees need to be paid straight away - you need to send check along with the forms, ~$1.5k in your case.

Once you send the forms in, in approximately 2 month minimum you can get employment authorization doc (EAD) (which would allow you to work), once you get your green card you'll no longer need EAD .

See the guide : http://www.visajourney.com/content/i130guide2

[juliava 80]

As a J-1 visa holder, make sure you are NOT subject to the 2 years home residence requirement aka paragraph 212e. If you are, you need to apply for a waiver first, otherwise your AOS will be denied.

[Fitzer 0]

I am not subject to the 2 year rule. My visa is up on the 30th of September so how soon should we try to get the forms in? Because the fee over 2k and we dont have all of it right now. Thanks for your help

[Harpa Timsah 13,258]

The fee is not over 2k. It is $420 for the I-130 and $1070 for the I-485, plus the cost of the medical which is around $100 - $200 depending. The I-131 and the I-765 are free when filed in conjunction with the I-485. You should try to get the forms in before your visa expires to avoid out-of-status days.

[Little_My 463]

If you want to avoid accumulating any overstay, you should do your best to get the forms mailed by the end of August. Usually the first Notice from USCIS comes in about 2 weeks from sending in the forms, but it can take up to 30 days. What determines whether or not you overstayed your visa is the official date when USCIS acknowledges your application, not when you mailed it. However, even if you do end up accumulating some days / couple of weeks of overstay, that won't be the end of the world.

You will not be renewing your J1 visa. Once your AOS application is received, you will enter a new period of authorized stay until you have a decision on your GC. However, after the J1 is expired you cannot continue working until you have your new EAD card.That will come within 90 days from when you have filed the paperwork.

[Fitzer 0]

Cool I didnt know them two forms were free in conjunction with the I-485. Thanks for your help, guess we'l start filling in the forms asap!

[Pupsik 4]

dont hesitate to ask questions as you go along in your process. this site is full of helpful folks that want to do nothing but help.

best of luck to you both!