Adjustment of status from J1 visa (no 2 year rule) to permanent resident following marriage with American citizen

[AWorldCitizen 0]

I am currently with a J1 (no 2 year rule) working as researcher at an American University.

I recently got married abroad with American citizen (my country of origin is Italy) and we want to apply for my green card by submitting i-130 and i-485.

I consulted my university and they were concerned that the J1, being a non-immigrant visa, would conflict with me asking to change my status, and that this might delay - if not halt - the process. 

 

Is this true?

 

Also, I read that I can't leave the United States after submitting i-130 and i-485, not even for holidays. How long will I have to wait before I am again allowed to go in and out of the country?

 

Thanks

[EG&XY 144]

Assuming that you are correct that you are not subject to the 2 year rule, then yes you should be fine to file for adjustment of status (I-130 and I-1485). The whole point of AOS (adjustment of status) is to adjust from a non-immigrant visa to being a legal permanent resident as long as you are still "in status" under your non-immigrant visa, so the fact that a J-1 is a non-immigrant visa doesn't necessarily mater. However, make absolutely certain that you are not subject to the 2 year rule. If you are subject to it then you will have to return to your home country for a full 2 years. Any time that you spend outside of the country (visit to US, etc) will stop the clock when you leave your country and it won't restart until you have returned to your home country. The other option (if you are subject to the 2 year rule) is to try and get a waiver, but it seems that this is a rather difficult option in many cases.

 

As far as travel out of the country goes, it would be best to file for AP (advanced parole) / EAD (work authorization) when you file for AOS. If you leave the US without AP then your AOS is considered abandoned and it would be administratively canceled; however, once you have the AP you are able to travel outside the US without this happening. There is no extra charge to file for AP/EAD when you are filing for AOS.

[geowrian 22,335]

To add to the above, the current wait for EAD/AP is about 3-4 months after filing for AP.

[EG&XY 144]

1 minute ago, geowrian said:

To add to the above, the current wait for EAD/AP is about 3-4 months after filing for AP.

Thanks, I knew there was something that I intended to add, but then couldn't remember what it was.