Marrying on J1 Vis

[Aussiegirl25 0]

Hi everyone,

I am on a J1 visa expiring in a month (without the 2 year subject rule). My partner met on my first week here and we want to get married.

Has anyone done this on the last month of their visa? I believe that you can get married within a week and then apply for an EAD.

Can you please share your knowledge and experience as we really cannot afford a lawyer.

How long do I have to wait before my EAD comes through aka without being able to work in the country? When does this "wait" start from the end of my J1 visa or from the day I get married?

Is a month stretching too thin to get married and apply for EAD? Or can I apply that in my "grace period month" which is what we are given when the J1 expires an additional month of not being able to work.

[Aussiegirl25 0]

~Moved from Working & Traveling during US Immigration to AOS from Work, Student & Tourist visa since member is trying to adjust status from J1~

Thank you!!

[Elf 146]

Your partner is a US citizen, not a permanent resident, right?

How long do I have to wait before my EAD comes through aka without being able to work in the country? When does this "wait" start from the end of my J1 visa or from the day I get married?

USCIS is required to complete processing of an EAD application within 90 days of receipt of the application. It typically takes 60-90 days. Mine, for example, was approved 70 days after the the receipt date for my AOS package.

You can't file the AOS application until after your marriage, and shouldn't count on being able to file it immediately after the wedding either It will take you some time to collect all the necessary documents, gather proof that you have a bona fide relationship and marriage, and assemble the AOS package for mailing to USCIS. Rushing the process at this stage will inevitably mean delays further down the line, because if you forget to answer a question, sign a form or include a necessary document, USCIS will mail you a notice requesting the missing answer/evidence, and will pause processing on all parts of your application until they receive a satisfactory response from you. If that happens before your EAD has been issued, the 90-day processing period is extended by the number of days between USCIS mailing the request and receiving your response.

Is a month stretching too thin to get married and apply for EAD? Or can I apply that in my "grace period month" which is what we are given when the J1 expires an additional month of not being able to work.

My honest opinion is that trying to arrange a wedding (even a small courthouse wedding) and assemble an AOS application package in a single month, while not impossible, is stretching too thin especially if you'll both be working full-time as well. Also, one of the required documents for the AOS package is a certified copy of your marriage certificate, which may not be available until a few weeks after your wedding. If you don't have a certified copy of your birth certificate, you're going to have to request one from your home country and that may also take several weeks.

The VJ guide to adjustment of status is here, and might help you figure out how long it's likely to take for you to get the application together.

One more thing to consider is that as your sponsor, your fiance will need to be able to prove that his/her income is at least 125% of the poverty level, which is roughly $20,000 for a household of two people. If he/she is unable to do that, you'll need to find a joint sponsor.

I'm sorry if all this sounds discouraging. I'm not trying to dissuade you from marrying your partner, if the two of you genuinely want to be together, but the immigration process requires patience and attention to detail, and it isn't something that can or should be rushed.

[Aussiegirl25 0]

Thanks so much for your reply! It was very informative and honest. I really appreciate you getting back to me with such a detailed response without even knowing me!

I don't want to rush the process of course conidering the application costs $1,800 for the adjustment. I guess I am worried about the J1 ending in a month and the grace period. I really want to know when will it be a voilation or a problem for us for me to start the process? EG If I get married next week and then take 2-3 weeks to do paperwork leaving my visa to expire? Can I stay in the country longer (up to 4 months waiting for the adjustment) or does it only count from when the day I apply for the adjustment and what if this day is over my visa and falls into my grace period? Any insight would be great thank you

Your partner is a US citizen, not a permanent resident, right?

USCIS is required to complete processing of an EAD application within 90 days of receipt of the application. It typically takes 60-90 days. Mine, for example, was approved 70 days after the the receipt date for my AOS package.

You can't file the AOS application until after your marriage, and shouldn't count on being able to file it immediately after the wedding either It will take you some time to collect all the necessary documents, gather proof that you have a bona fide relationship and marriage, and assemble the AOS package for mailing to USCIS. Rushing the process at this stage will inevitably mean delays further down the line, because if you forget to answer a question, sign a form or include a necessary document, USCIS will mail you a notice requesting the missing answer/evidence, and will pause processing on all parts of your application until they receive a satisfactory response from you. If that happens before your EAD has been issued, the 90-day processing period is extended by the number of days between USCIS mailing the request and receiving your response.

My honest opinion is that trying to arrange a wedding (even a small courthouse wedding) and assemble an AOS application package in a single month, while not impossible, is stretching too thin especially if you'll both be working full-time as well. Also, one of the required documents for the AOS package is a certified copy of your marriage certificate, which may not be available until a few weeks after your wedding. If you don't have a certified copy of your birth certificate, you're going to have to request one from your home country and that may also take several weeks.

The VJ guide to adjustment of status is here, and might help you figure out how long it's likely to take for you to get the application together.

One more thing to consider is that as your sponsor, your fiance will need to be able to prove that his/her income is at least 125% of the poverty level, which is roughly $20,000 for a household of two people. If he/she is unable to do that, you'll need to find a joint sponsor.

I'm sorry if all this sounds discouraging. I'm not trying to dissuade you from marrying your partner, if the two of you genuinely want to be together, but the immigration process requires patience and attention to detail, and it isn't something that can or should be rushed.

[Elf 146]

I really want to know when will it be a voilation or a problem for us for me to start the process? EG If I get married next week and then take 2-3 weeks to do paperwork leaving my visa to expire? Can I stay in the country longer (up to 4 months waiting for the adjustment) or does it only count from when the day I apply for the adjustment and what if this day is over my visa and falls into my grace period? Any insight would be great thank you

Is your partner a US citizen, or a green card holder? The answers to your questions are completely different depending on whether you're marrying a citizen or an LPR.

If your partner is a US citizen, you would still be eligible to apply for AOS after marriage even if your J-1 had expired and the grace period had passed. When USCIS received your AOS application you would enter a new period of authorized stay, although you wouldn't be permitted to work or to travel outside the US until you received your EAD and Advance Parole 2-3 months later. Adjustment, by the way, would probably take more than "up to four months". It can happen that fast, but many field offices are backlogged and take much longer, including the local office listed on your profile. I-485 timelines for New York City, NY office AOS from visas other than K1/K3

Here's the relevant text from the I-485 application instructions:

you are not eligible for adjustment of status if any of the following apply to you:

(snipped 1-5)

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

Taking out all the double-negatives, an immediate relative of a USC is eligible to apply for AOS even if he/she failed to maintain legal status, as long he/she was inspected by an immigration officer on their most recent entry into the US

If you marry your USC partner and apply for AOS while you are still in your grace period, then prior to receipt of your AOS application you will be out of J-1 status but not yet in overstay or removable. If you apply later than that you will be in a period of overstay and technically removable, but ICE will not be actively hunting you down. Obviously you'd want to keep that period as brief as possible without rushing your AOS application.

None of that applies if your partner is a green card holder. It's currently taking about two years to petition for the spouse of an LPR to immigrate and overstays are not forgiven.