J1 visa getting married to a LPR

[lolita88 9]

Hey! First thanks for this site, I have found so much information around here! I came to the States with a J1 visa and my boyfriend and I are planning on getting married. He has the Green Card and he never thought of applying to the citizenship until now. We don't have much time until my visa expires (19th January), so a colleague that knows about this has given us advise about this: 1. My boyfriend applies for citizenship. 2. When he gets the acknowledge letter, get married. 3. He should now apply for my visa extension. 4. Interview for his citizenship. 5. He applies for my as wife.

Can anyone tell me if this would be right? I am a little stressed about this situation... :S

Thank you sooo much!!!

[Dualie 185]

Welcome to the site! I am not very knowledgeable as to how long it takes to receive the acknowledgement letter when he applies for naturalization, but I somehow think you are cutting it close for January 19th. I do not know if this is all correct information you were given, but even if it is, these government agencies don't operate that quickly, especially at this time of the year.

Someone more knowledgeable that I am will certainly speak up, but for what it's worth and what I have learned about processes here on VJ, nothing moves very fast. Just be prepared for a wait. I wish you good luck, and not too long of a wait (hopefully).

Have a look at these guides. They may help you to understand the processes.

http://www.visajourney.com/content/guides

Edited December 5, 2014 by Dualie

[kzielu 1,149]

His letter of acknowledgement that they received his package gives you absolutely nothing, you can get married at any time - until he applies for your green card (which well be able half a year from now), you will be out of status, married or not.

[lolita88 9]

Thank you Dualie! I have been told that the letter takes about a month, but it is true that this has been almost a last minute decission..

kzielu, then we get married and he has to apply for my visa in 6 months? That's because we need to wait until he is a citizen? Thanks!

BTW, I just realized that I should have posted this in another place in the forum... Sorry!!!

[Dualie 185]

I'm pretty sure he has to be a citizen to bring a spouse into the US on a CR1/IR1 Visa.

[kzielu 1,149]

Thank you Dualie! I have been told that the letter takes about a month, but it is true that this has been almost a last minute decission..

kzielu, then we get married and he has to apply for my visa in 6 months? That's because we need to wait until he is a citizen? Thanks!

BTW, I just realized that I should have posted this in another place in the forum... Sorry!!!

He can apply for you as LPR but you will not be allowed to adjust status and will give you nothing in terms of making your stay legal. You need to be married, he needs to be a citizen and you both need to file concurrently I-130 / I-485 to make your stay legal again. Marriage itself whether he's LPR or USC again gives you nothing. 6 months is ballpark for getting citizenship assuming he meets requirements and local office isn't terribly busy.

[lolita88 9]

Yeah, that's what I read, and that's why my colleague told us to do it that way... Thank you so much for your help!!

Edited December 5, 2014 by mai_ven

[aleful 1,905]

Hey! First thanks for this site, I have found so much information around here! I came to the States with a J1 visa and my boyfriend and I are planning on getting married. He has the Green Card and he never thought of applying to the citizenship until now. We don't have much time until my visa expires (19th January), so a colleague that knows about this has given us advise about this: 1. My boyfriend applies for citizenship. 2. When he gets the acknowledge letter, get married. 3. He should now apply for my visa extension. 4. Interview for his citizenship. 5. He applies for my as wife.

Can anyone tell me if this would be right? I am a little stressed about this situation... :S

Thank you sooo much!!!

hi

as said you can get married at any time, there is no letter, there is a receipt of having received the form and you don't need that to get married

if you aren't subject to the 2 year rule, overstay is forgiven once he is a USC and files for you

and as a spouse you will have to prove that you have a bona fide marriage, so the longer you are married and can start to get proof such as a joint bank account, both names on car and medical insurance and so forth, the better