J-1 visa holder applying for adjustment of status, do I need to file an i-130?

[katywalla 2]

My partner and I are getting married in October and will file for an adjustment of status soon after. I am due to fly back with him in December for Christmas with my family. Can I travel to and from the US on my J-1 visa or do I need to apply for an i-130? If so, how long does this take? Thank you in advance!

[Crazy Cat 44,296]

***Moved to the Adjustment of Status from Work, Student, and Tourist Visas****

[Crazy Cat 44,296]

Once you file for adjustment of status, you cannot leave the US until you obtain approval for Advance Parole (I-131)  That will take possibly 3-6 months....maybe longer  If you leave the US prior to that, you will abandon your I-485.  

Edited Tuesday at 08:16 PM by Crazy Cat

[Crazy Cat 44,296]

One option is marrying and filing for adjustment of status and advance parole now.

Edited Tuesday at 08:28 PM by Crazy Cat

[appleblossom 4,310]

When are you planning on filing for AoS? As @Crazy Cat said, you can't leave for quite some time after filing so if you were planning on filing in October and then leaving in December you'll need to rethink (unless by some chance your application is processed super quickly, but it's unlikely - https://egov.uscis.gov/processing-times/).

 

Editing as not sure J1 visa is dual intent! My suggestion was going to be that you wait until after your trip to file but you'll need to make sure you can re-enter on your J visa if your intention is to file the I-485 and stay permanently. If not then you'll either need to move the wedding up and file asap, or forget the Xmas trip. 

 

Best of luck. 

Edited Tuesday at 08:46 PM by appleblossom

[Boiler 47,356]

J1 visa is not dual intent 

 

You need to file the full package including the I 130

[OldUser 9,677]

You cannot travel on J-1 especially after you marry and apply for adjustment of status.

 

Your option is to marry now in court, apply for AOS immediately (with application for Advance Parole I-131) and hope you get it before your travel.

If you don't have advance parole or green card by the time of your trip, you cannot leave the US.

You can always have a celebration of your marriage in October as planned earlier. You'll be just legally married by then.

 

Or if you don't want to legally marry until October, you can say goodbye to that trip, it won't happen.

 

You just can't have it all, unfortunately, due to how restrictive immigration process is.

Edited Tuesday at 11:19 PM by OldUser

[katywalla 2]

Hi all, can't we just marry in October and then not file until after the trip?

[katywalla 2]

I will add that I am not subject to the two year home residency 

[Crazy Cat 44,296]

52 minutes ago, katywalla said:

Hi all, can't we just marry in October and then not file until after the trip?

No.  It is illegal to enter the US as a non-immigrant with the intent to adjust status.  That is visa fraud.

[katywalla 2]

Hi @Crazy Cat , sorry I just want to make sure I have this correct. So if we marry in October, then don't file until April (considering 90 days after last entry on J-1 visa), we will still be under scrutiny because we got married before but didn't file until later? 

[Crazy Cat 44,296]

3 minutes ago, katywalla said:

Hi @Crazy Cat , sorry I just want to make sure I have this correct. So if we marry in October, then don't file until April (considering 90 days after last entry on J-1 visa), we will still be under scrutiny because we got married before but didn't file until later? 

90 days is irrelevant.  A person cannot enter the US as a non-immigrant with the intent to stay and adjust status.  That is visa fraud, and it is abuse of the purpose of a non-immigrant visa.  Immigrant visas are intended for immigrants.  Non-immigrant visas are intended for visitors and non-immigrants.   This is not the time to try to get around immigration law, imo.

[katywalla 2]

Okay, I'm just struggling to understand when is an appropriate time to do antyhing. I've been here for a year, my partner and I were together for 3 years before that. I travel home regularly to see family and friends, so finding a time to get married, file the paper work, and wait for the travel document is difficult. It seems as though you are stuck in the country from the moment you can actually marry until then process you, which is also more difficult because I entered on a J-1...

I am by no means trying to get around immigration law or commit fraud, I am trying to understand how a J-1 holder can apply for adjustment of status without it being assumed its fraud or will malintent.

[Crazy Cat 44,296]

5 minutes ago, katywalla said:

I am trying to understand how a J-1 holder can apply for adjustment of status without it being assumed its fraud or will malintent.

You can now adjust status since you are now inside the US and you had no intent to stay when you entered.  However, filing an I-485 and leaving before you have advance parole would abandon that adjustment. 

Edited Wednesday at 01:35 PM by Crazy Cat

[Crazy Cat 44,296]

You could marry at a court house and apply for adjustment of status and advance parole right now.  You could have an approved I-131 before your planned trip.