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Filed: J-1 Visa Country: Australia
Timeline
Posted

I am currently in the US on a J1 Visa (2 year residency rule does not apply) and will be marrying my US Citizen boyfriend shortly. My J1 Visa expires in 3 months.

I have been trying to work out how to apply to stay longer and am very confused about what forms and what type of visas i apply for.

Should I:

A) Apply for a Change of Non immigrant status to a K3 whilst also submitting the I 130 form

or

B) Apply for Permanent residence with the I 485 whilst also submitting the I 130 form.

Which of these is the best option and which we allow me to stay in the US after my J1 visa expires in 3 months? I am very confused so any help is much appreciated!!

Filed AOS, EAD & AP: 15 Sep 2011

Received NOA: 23 Sep (dated 19 Sep)

Biometrics Letter: 29 Sep

Biometrics App: 20 October

Called and sent letter to congressman :24 Oct

Call from congressman saying EAD &AP is approved :25 Oct

Email from USCIS that EAD ordered and AP approved: 26 Oct

Received RFE for tax return: 26 Oct

Responded to RFE: 31 Oct

EAD & AP received:2 Nov (Day 49)

Filed: J-1 Visa Country: Australia
Timeline
Posted

Choice B. here is the guide: http://www.visajourney.com/content/i130guide2

Thank you. I'm still confused if I will be allowed to stay in the US after I have sent in the I 130 and I 485 forms?? And if so, will I be able to travel to other countries whilst it is being approved??

Filed AOS, EAD & AP: 15 Sep 2011

Received NOA: 23 Sep (dated 19 Sep)

Biometrics Letter: 29 Sep

Biometrics App: 20 October

Called and sent letter to congressman :24 Oct

Call from congressman saying EAD &AP is approved :25 Oct

Email from USCIS that EAD ordered and AP approved: 26 Oct

Received RFE for tax return: 26 Oct

Responded to RFE: 31 Oct

EAD & AP received:2 Nov (Day 49)

Filed: Citizen (apr) Country: Malaysia
Timeline
Posted

You will be allowed to stay in the US while it's being processed. But you won't be able to leave the country until you have your Advanced Parole or Green Card.

Applied for Naturalization based on 5-year Residency

07/09/2017 - filed N400 online

07/10/2017 - NOA

08/03/2017 - biometrics done

02/20/2018 - interview & oath ceremony

  • 1 month later...
Posted

Hi!

I'm a little ahead of you as I already got married to an US citizen and I sent my Adjustment of Status packet last week, having already received my first Notice of Action. What our fellow member said is true, you need to Adjust your status (I-130, I-485, etc) and don't forget to send the Advance Parole form so you can travel whilst the green card is pending. The Advance Parole takes about 60 days (or more) to be approved. Let me know if you have any questions...don't be long as you will need to do a medical exam (I-693) and that may be a little while too!

  • 3 weeks later...
 
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