J-1 Visa to Fiance or Marriage

[CollinsJohn 0]

Hi all, very glad I came across this forum as I'm in desperate need of advice and information.

I'm in the US on a 1 year J-1 visa from Australia (Australia and USA have a special J-1 visa for a year offered to students/graduates). It expires on August 1st where I can't legally work anymore, and has a grace period till August 31st, which after I'm supposed to leave the country.

I came here with my long term girlfriend I met in Australia, she is a US citizen.

How can I go about transferring from my J-1 visa to the fiance K-1 visa or gaining citizenship through marriage without me having to leave the country or is this not possible? If I do need to leave the country during processing or something like that, how long must I leave for or what's generally the length of time it takes to process this type of thing?

My visa says the two year rule does NOT apply

Any and all help would be greatly appreciated

Edited July 25, 2012 by CollinsJohn

[mrs_gonzo 9]

You can get married and file adjustment of status without leaving the country... I believe the K1 visa is only for fiances of USC outside the USA to come to the states in order to get married and then to file aos.

[GlobeHopperMama 95]

Yup, marriage and adjustment of status is the way you would do it without leaving the country. You could apply for a K1 visa, but since it's a visa, it means you have to obtain it at a US consulate/embassy outside the US, so you'd have to leave the US for your interview and visa pickup.

[amberlynnloves 125]

K1 is only for fiances of USC outside the country. This would not apply to you.

Get married. SOON! File AOS ($1070) before your expiration of August 31st. You are allowed to stay in the US while this is being processed.

[CollinsJohn 0]

Excellent, thank you so much for the quick advice!

So as long as I've filed my AOS, my August 31st deadline doesn't matter right, I can stay here past my J1 visa date legally?

How long roughly does it take from the time I file the AOS before I gain citizenship and can work legally again?

[Harpa Timsah 13,263]

Excellent, thank you so much for the quick advice!

So as long as I've filed my AOS, my August 31st deadline doesn't matter right, I can stay here past my J1 visa date legally?

How long roughly does it take from the time I file the AOS before I gain citizenship and can work legally again?

Okay!

You will NOT be getting citizenship for a long time. This is important to know, because if you ever claim to be a US Citizen when you are not, you will be banned for life from the US.

You are trying to adjust directly from a J-1 visa to a Greencard, which is also Legal Permanent Residence.

To do this you file concurrently I-130 and I-485. The I-130 is $420, the I-485 is $1070, and you will also need a full medical exam (usually $200 or more), so your cost will be overall $1800 - $2000.

With this package, you an file for a free employment authorization document (I-765), which will be approved in about 3 months from when you file. This will give you the right to work while the Greencard is pending. You can also file for free travel permission (Advance Parole on I-131), which will be approved in the same time frame. You cannot travel internationally until you have this travel permission, or your application will be considered abandoned. Once you get the Greencard, you no longer need these temporary permissions, because the Greencard gives you the right to work and travel by itself.

You and your wife will have a mandatory interview at USCIS. This will happen depending on the volume of your local office, but typically happens within 3-6 months. Then, if you are approved at interview (most are) you will get a Greencard and Legal Permanent Residence.

Once your file AOS, then you will begin a NEW period of authorized stay. It is better to file before your J-1 is over to avoid overstay days, but any overstay days are irrelevant/forgiven for spouses of US citizens who adjust in-country.

Here is the VJ guide: http://www.visajourney.com/content/i130guide2

Edited July 25, 2012 by Harpa Timsah

[GlobeHopperMama 95]

^ Absolutely, to all of the above, just one addition since the topic of citizenship came up.

Once you become a permanent resident, you will be able to apply for citizenship once you've accrued 3 years of residence in the US, if applying based on your marriage to a US citizen, or 5 years if you apply in your own right. So yeah, until then, don't inadvertently claim to be a US citizen. Not a pretty situation.

[Andrea&Henry 311]

He is totally right and do what he said! If you get your greencard you will get it with 2 years of conditions! After that period you have to file for a remotion of those condition so you can get your PERMANENT residence or greencard. In order to obtain an US citizenship you have to stay marry and living with the same spouse for 3 years. (basically, 2 years of conditional residence plus a year of permanent residence). I met people who rather to stay with her/his permanent greencard (10 years) instead of getting a citizenship. So don't worry for that now, get marry and apply BEFORE your visa expire so you can protect your legal status.