Canadian Citizen on J1, married to American Citizen...

[SQR 0]

Hi. I am really new to this forum (and to forums in general), so I apologize if I am posting in the wrong section. But I would really appreciate advice... I am a Canadian citizen, here in the US on a J1 visa. I am married to a US citizen, got married 2 years ago and we also have a child, born here. Are we able to go ahead and apply using the I-130 form, or do we need to take other steps? Any kind of advice would be greatly appreciated!

[Soancika+Brian 0]

Hi. I am really new to this forum (and to forums in general), so I apologize if I am posting in the wrong section. But I would really appreciate advice... I am a Canadian citizen, here in the US on a J1 visa. I am married to a US citizen, got married 2 years ago and we also have a child, born here. Are we able to go ahead and apply using the I-130 form, or do we need to take other steps? Any kind of advice would be greatly appreciated!

You can file I-130 concurrently with I-485(and everything that goes with this petition) only if you are not subject to a two year foreign residency requirement. If you are, its a way longer journey ,because you would need to get a waiwer ,which I don't know much about.

[Diazy 10]

Here is a Guide how to file all forms.

You need to get a waiver, if

An exchange visitor (EV) may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act (INA), for one or more of the following reasons:

* The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

* The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.

* The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

[rubyred 0]

did you marry BEFORE you came to the US on the J-1? that is the key question: if so, then you may have to return to canada and do it the long way. J-1s -as far as i know- have the condition that you cannot enter the US with the intent to marry/immigrate. if you were already married, and you now try to adjust status, it will be assumed that it was premeditated. but otherwise, just follow the guides mentioned above.