I'm getting married with a USC I would like to know what is the procedure to be followed,

[MONIQUE871205 0]

I'm Monica and I have been in the U.S. two years ago through the J1 visa which expires soon.

I'm getting married in couple months so I'm reading about the procedures to apply for green card and the first step says "J1 Visa holders will almost always require a waiver and Should Consult With An immigration lawyer or the USCIS for more information"

I wonder if anyone knows or knows of this case, if you could help me.

thank you very much.

[Harpa Timsah 13,260]

Are you subject to the 2-year Home Residency requirement?

[MONIQUE871205 0]

My name is Monica and I would like to know what is the process for get the green card ! I came two years ago with student exchange visa which expires soon .

thank you so much !

[Merrytooth 5,748]

Does your J1 visa in your passport stated that you are subjected to 2 year home residency requirement?

And please stop creating multiple threads asking the same question.

Edited January 16, 2013 by Merrytooth

[caly 48]

Are you allowed to adjust status on the J-1?

If yes, here's the guide: http://www.visajourney.com/content/i130guide2

Good luck!

[The Mean Lady 604]

If you get married prior to expiration, you can adjust status.

If not, I think you'd have to return.

[redvelvet 12]

Do you have a 2-year foreign residency rule on your J1 visa?

If yes, you have to get a waiver for that.

[Penguin_ie 6,000]

*** Moving from CR-1 spousal visa to AOS from Student/ Work etc visa as this is the process the OP needs ****

[Asia 2,499]

-

Edited January 16, 2013 by Asia

[hmh33 117]

Assuming the visa you had is a J-1:

Broadly, the guide you need is http://www.visajourney.com/content/i130guide2 as mentioned above.

Do not leave the USA from now until you have either advance parole (2-3 months from filing) or the green card itself (3-5 months from filing).

Check your DS-2019 to determine whether or not you're subject to the two-year home residence requirement. It's a simple checkbox.

Contrary to what was stated earlier, you can successfully adjust status even if you marry after your nonimmigrant status has expired, but in between I-94/DS-2019 status expiration (+ 30 days grace period for J-1, IIRC) and I-485 submission you would not be in legal status. In practice there are usually no consequences, but it's best avoided if possible so you should try to marry and file before your grace period expires.

[Harpa Timsah 13,260]

The Op CANNOT adjust if she is subject to the 2-year Home residency requirement. Let her answer that first before saying she can adjust.

[Darnell 8,479]

There should be some coding in yer visa, please tell us about the annotation so we can advise you further? Thanks !

[MONIQUE871205 0]

Does your J1 visa in your passport stated that you are subjected to 2 year home residency requirement?

And please stop creating multiple threads asking the same question.

The annotation in my visa : is not subject to sec 212 (e) two year rule does not apply

[Harpa Timsah 13,260]

The annotation in my visa : is not subject to sec 212 (e) two year rule does not apply

Okay! then follow the guide linked above, no waiver needed.

[Darnell 8,479]

The annotation in my visa : is not subject to sec 212 (e) two year rule does not apply

cool ! You can marry, file for Adjustment o Status, leading to a greencard. YAY!