J1 visa - Green Card through Marriage

[naobi.zh 0]

Hello, 

 

I'm J1 visa holder, my last day of the internship will be May 5, 2023, I'm subject to 2 years of residence in my country, so I'm applying to the J1 Waiver, my embassy just sent my No objection letter to the State Department. I'm also will get married. These are my questions: 

• Should I get married before my J1 visa expired or can I get married during my 30 days grace period of the J1 visa?
• Can I apply right away when I get married, and apply for AOS (adjustment of status)?
• Do I need to leave the country or can I stay while I apply during the 30 days grace period?

[Timona 3,941]

You can get married even yesterday. 

Well, since you got the waiver, I do believe you can AOS 

[naobi.zh 0]

20 hours ago, Timona said:

You can get married even yesterday. 

Well, since you got the waiver, I do believe you can AOS 

Thank you Simona, but, I don't have the waiver yet, I'm waiting for the response from the State Department.

[Redro 4,600]

On 3/21/2023 at 2:26 PM, naobi.zh said:

Hello, 

 

I'm J1 visa holder, my last day of the internship will be May 5, 2023, I'm subject to 2 years of residence in my country, so I'm applying to the J1 Waiver, my embassy just sent my No objection letter to the State Department. I'm also will get married. These are my questions: 

• Should I get married before my J1 visa expired or can I get married during my 30 days grace period of the J1 visa?
• Can I apply right away when I get married, and apply for AOS (adjustment of status)?
• Do I need to leave the country or can I stay while I apply during the 30 days grace period?

Get married as soon as you can. This way you maximize your chances of. receiving a 10 yr GC not the 2 year GC. 

I'm not sure when the best time is to file the I-130 and adjustment but I would wait for the response from the State Department. 

You might want to file the I-130 (online) before the adjustment but others suggest filing everything at the same time by mail. 

[naobi.zh 0]

1 hour ago, ROK2USA said:

Get married as soon as you can. This way you maximize your chances of. receiving a 10 yr GC not the 2 year GC. 

I'm not sure when the best time is to file the I-130 and adjustment but I would wait for the response from the State Department. 

You might want to file the I-130 (online) before the adjustment but others suggest filing everything at the same time by mail. 

Thank you!

We are trying to get as much information and options as possible to see what is best.

[Chancy 6,233]

On 3/21/2023 at 1:26 PM, naobi.zh said:

Can I apply right away when I get married, and apply for AOS (adjustment of status)?

 

You must have an approved J1 waiver to file for AOS.  It depends on your personal risk tolerance (re: encountering ICE while out of status) whether to stay or leave while waiting for the waiver.