Looking to adjust status..do it now or wait?

[RebeccaAndPhil 5]

My boyfriend is on a J-1 visa that expires April 2010. We are still debating between the AOS and Direct Consular form of changing his status to permanent but I'm wondering if you all think we should start the process now?

A little background: We were originally planning to get married this summer anyway, inviting all our friends/family, etc and then starting the paperwork of AOS. After seeing how long the process is we are thinking of going to a place to get legally married and then starting the paperwork ASAP (as in, February). We would then have a ceremony in the summer anyway with our friends and family.

Does it matter whether we start now or wait until the summer? Also, has anyone done the Direct Consular route? I read it's faster but I only read about those who do AOS.

P.S. where does someone go to get legally married without friends & family? lol

Thanks!

Edited January 22, 2009 by RebeccaAndPhil

[RebeccaAndPhil 5]

One additional comment...Phil entered the US on his J-1 Sept 21, 2008. Is it too soon to get married? As in, will they think he only came here to get married in the first place? :/

[Chica Yeyé 41]

You cannot do "Direct Consular Filing" from the US ---that is available if you are :

1. married.

2. living together abroad.

That said, you can adjust status as soon as you get married - or wait as long as it is before his visa expires. I think I read somewhere that marrying within "x" days of entry with another visa is a red flag - but for more details

Welcome to VJ!!!

[RebeccaAndPhil 5]

You cannot do "Direct Consular Filing" from the US ---that is available if you are :

1. married.

2. living together abroad.

That said, you can adjust status as soon as you get married - or wait as long as it is before his visa expires. I think I read somewhere that marrying within "x" days of entry with another visa is a red flag - but for more details

Welcome to VJ!!!

Ok thanks! I guess it's AOS for us then. We were originally planning on returning to Canada b/c I was gonna go to Grad school there but Phil loves his job so much that we want to stay here. I just don't want it to come to the point that his J-1 visa status runs out and he can't work. Do you know whereabouts in the guide it said not to get married within X amount of days? (:

[Mint518 0]

Ok thanks! I guess it's AOS for us then. We were originally planning on returning to Canada b/c I was gonna go to Grad school there but Phil loves his job so much that we want to stay here. I just don't want it to come to the point that his J-1 visa status runs out and he can't work. Do you know whereabouts in the guide it said not to get married within X amount of days? (:

I think General information and notes about adjustment from H1B, F-1, J-1, and other visa types page is the one you are looking for.

There is no restriction on marriage itself, and you can marry whenever you want. The timing of the adjustment of status is the one that become an issue. The web page cited above recommended to wait at least 60 days from the entry to change status, so if your finance entered to the US on his J-1 on Sept 21, 2008 and assuming he has never been out of the US, it seems not too early to get married and adjust his status.

Also, you do not need to adjust the status right away after the marriage, so you can marry anytime you want, and can wait to file the adjustment of status until later. But, (I maybe wrong) I belive J-1 visa holder are not supposed to have dual intent (unlike H1B or L1 visa, etc.). So, if you get married, then have some foreign travel, come back and enters to the US with J-1 Visa with an intent to adjust the status, it would be considered to be a visa fraud. So, if he plans to have foreign travel, it might be safer to do so after filing adjustment of status and obtains AP.

[RebeccaAndPhil 5]

Ok thanks! I guess it's AOS for us then. We were originally planning on returning to Canada b/c I was gonna go to Grad school there but Phil loves his job so much that we want to stay here. I just don't want it to come to the point that his J-1 visa status runs out and he can't work. Do you know whereabouts in the guide it said not to get married within X amount of days? (:

I think General information and notes about adjustment from H1B, F-1, J-1, and other visa types page is the one you are looking for.

There is no restriction on marriage itself, and you can marry whenever you want. The timing of the adjustment of status is the one that become an issue. The web page cited above recommended to wait at least 60 days from the entry to change status, so if your finance entered to the US on his J-1 on Sept 21, 2008 and assuming he has never been out of the US, it seems not too early to get married and adjust his status.

Also, you do not need to adjust the status right away after the marriage, so you can marry anytime you want, and can wait to file the adjustment of status until later. But, (I maybe wrong) I belive J-1 visa holder are not supposed to have dual intent (unlike H1B or L1 visa, etc.). So, if you get married, then have some foreign travel, come back and enters to the US with J-1 Visa with an intent to adjust the status, it would be considered to be a visa fraud. So, if he plans to have foreign travel, it might be safer to do so after filing adjustment of status and obtains AP.

Thanks very much! I am just worried they will think Phil entered with wrong intentions and reject his visa based on that

Well I suppose it is ok then if we wait to have our ceremony as we had originally planned to do this summer. If his 485 is still pending by the time his J1 expires, will he still be able to stay in the U.S. and work?

[Mint518 0]

Thanks very much! I am just worried they will think Phil entered with wrong intentions and reject his visa based on that

Well I suppose it is ok then if we wait to have our ceremony as we had originally planned to do this summer. If his 485 is still pending by the time his J1 expires, will he still be able to stay in the U.S. and work?

Yes. Once AOS documents are filed with USCIS, he can legally stay even after the expiration of his visa. If he will file I-765 and receive EAD, he can continue to work.

FYI - Just to make sure, to adjust his status to permanent resident from J1, you should concurently file I-130 and I-485. (see http://www.visajourney.com/forums/index.ph...page=i130guide2 for detail.). And it is optional to file I-765(EAD) and I-131 (AP); no additional fee is required, as fees for these two forms are included in I-485 application.

Edited January 23, 2009 by Mint518

[RebeccaAndPhil 5]

Thanks very much! I am just worried they will think Phil entered with wrong intentions and reject his visa based on that

Well I suppose it is ok then if we wait to have our ceremony as we had originally planned to do this summer. If his 485 is still pending by the time his J1 expires, will he still be able to stay in the U.S. and work?

Yes. Once AOS documents are filed with USCIS, he can legally stay even after the expiration of his visa. If he will file I-765 and receive EAD, he can continue to work.

FYI - Just to make sure, to adjust his status to permanent resident from J1, you should concurently file I-130 and I-485. (see http://www.visajourney.com/forums/index.ph...page=i130guide2 for detail.). And it is optional to file I-765(EAD) and I-131 (AP); no additional fee is required, as fees for these two forms are included in I-485 application.

Ok thank you While Phil is waiting to receive his EAD is he allowed to continue working? I heard that it takes around 90 days to receive an EAD and I'm not too sure that his boss would be happy about such a long vacation