J1 to Greencard by getting married to GC holder

[Yoan 0]

Hello everyone,

I am French and I am a greencard holder (for 2 years now).

I live in the USA since September 2015 with my wife (J1 Visa without 2 years obligation).

We got married in February 2016.

Her J1 Visa is ending in March 2017.

We want to obtain her a greencard, but we don't want to use a lawyer as long as we won't be able to pay for it.

So we will do the process by ourselves :

I know that we have to fill 2 forms :

- form i-130

- form i-485

I also know that I may find each answer of those questions below, here and there... but I've been searching a lot and I was unable to find a case like ours well described... (So please don't judge me as a lazy guy, I have done so much research, that I got lost several times...)

This is the only thing I know for now and both forms are filled but I have got others questions before I send them :

QUESTION 1 : Do we send those 2 forms together ?

QUESTION 2 : Do they each have a fee to pay (at the same time of sending them) ?

QUESTION 3 : Once those 2 forms are sent, will my wife loose her J1 Visa ?

QUESTION 4 : If yes or no, will she be able to work/obtain a visa during the process (before obtaining her greencard) ?

QUESTION 5 : Once those 2 forms are sent, will my wife be allowed to travel outside the united state ? (if yes for how long) ?

QUESTION 6 : As long as we are both living in the USA now does she have to go back in FRANCE at any moment ?

QUESTION 7 : Do we have to fill others forms ? If yes, could you name those ?

QUESTION 8 : Is a lawyer 100% necessary...? In the way that I am fully ready to fill all the forms by myself, I just need to know if I am doing it right...

Thank you a lot for the time you may take to answer those questions. I am currently writing a french blog since I got my greencard, explaining all the process of what I did (I got it from the lottery and didn't use any lawyer for the forms to obtain it). So if you guys give me an answer to those questions, I won't miss to speak about you all in my french blog (even if you may not care about it..).

Sorry for the double TOPIC available here

Edited July 18, 2016 by Yocks

[Boiler 43,635]

You can not adjust status until your visa number is current, 2 years or so,.

[aaron2020 11,651]

Hi,

Your wife does not qualify to file an I-485. As an LPR, it takes about 2 years for a visa number to become available to your wife.

File the I-130 right now, and hope that your wife can file the I-485 before her J1 visa expires.

Best of luck.

[Transborderwife 4,666]

The previous advice is correct. How did you get your greencard?

[Yoan 0]

You can not adjust status until your visa number is current, 2 years or so,.

Hi,

Your wife does not qualify to file an I-485. As an LPR, it takes about 2 years for a visa number to become available to your wife.

File the I-130 right now, and hope that your wife can file the I-485 before her J1 visa expires.

Best of luck.

Well I've seen in a multiple places that a J-1 can ask for an AOS, And if we look at the bulletin concerning my situation the time to wait is more likely 9 month... any suggestions on what you guys are saying ? I mean I'd love to see evidence of what you are saying.

The previous advice is correct. How did you get your greencard?

Via Lottery, it is a 10 years greencard.

[Yoan 0]

PS : Don't see any "violence" in my answers... It is just that i'd love to have some details in the answers I get... No offense at all.

[Transborderwife 4,666]

Well I've seen in a multiple places that a J-1 can ask for an AOS, And if we look at the bulletin concerning my situation the time to wait is more likely 9 month... any suggestions on what you guys are saying ? I mean I'd love to see evidence of what you are saying.

Via Lottery, it is a 10 years greencard.

A j1 cannot aos if you're not a citizen or until the visa number is current. You'd need an f2a visa. As you can see, the current priority date is November 2014. They're working on petitions from almost 2 years ago.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-august-2016.html

[Boiler 43,635]

You are not a US Citizen, if she marries a US Citizen no wait to file.

[Yoan 0]

A j1 cannot aos if you're not a citizen or until the visa number is current. You'd need an f2a visa. As you can see, the current priority date is November 2014. They're working on petitions from almost 2 years ago.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-august-2016.html

You are not a US Citizen, if she marries a US Citizen no wait to file.

So does that means that we have to file the I130 wait for the approval than File the i485 ?

[newacct 688]

So does that means that we have to file the I130 wait for the approval than File the i485 ?

I-130 approval is not enough. You need to wait for a visa number to be available for the priority date of the petition for your category before you can file I-485.

[Transborderwife 4,666]

So does that means that we have to file the I130 wait for the approval than File the i485 ?

She cannot wait inside the USA

[aaron2020 11,651]

So does that means that we have to file the I130 wait for the approval than File the i485 ?

You file the I-130. An LPR filing for a spouse is an F2a family preference category case.

USCIS will approve the I-130 and forward to the NVC.

Your petition waits at the NVC until the PD becomes current in the F2a family preference category. The current wait is 2 years for a current PD after filing the I-130.

Once the PD becomes current, then your wife can file an I-485 if she is legally in the US at that time.

[aaron2020 11,651]

Well I've seen in a multiple places that a J-1 can ask for an AOS, And if we look at the bulletin concerning my situation the time to wait is more likely 9 month... any suggestions on what you guys are saying ? I mean I'd love to see evidence of what you are saying.

A J-1 married to a USC can file for AOS.

A J-1 married to an LPR can not file for AOS.

The current wait in the F2a category is about 2 years. It's not 9 months..

Google "LPR petitioning for spouse F2a" for evidence.

[phoenyxx 30]

So does that means that we have to file the I130 wait for the approval than File the i485 ?

Does your wife have the addendum that she has to fulfill the 2-year home requirement on her J1 visa? That's also something to consider.

[Yoan 0]

Does your wife have the addendum that she has to fulfill the 2-year home requirement on her J1 visa? That's also something to consider.

No she doesn't is this making everything easier for her ?