AOS from J1 visa

[bestofboth 1]

Hi,

I hope this is in the right topic area!... I am in the US on a J1 visa (from the UK). My application for a waiver of the 2yr residency requirement was recently approved so the plan was to now marry my USC partner of 3 1/2 years without having to go home during the processing period. My visa runs out on 25 Oct 2009 and now that my waiver request was granted, i am unable to renew it. I have not yet started the filing process and i have a few questions...

1. Do we have to already be married before we can start filing for the AOS? Because it seems like if i were living overseas then we'd have the option to start filing before or after the wedding.

2. What happens if my visa expires before the AOS has been processed?

- Do i have to return home to the UK to wait it out? If so can i reenter the states as a tourist in the meantime?

- Would the expiration affect the application?

3. Is this process lengthier than if i were just to return to England when my visa expires and then apply for a K1/K3? I seem to get the impression that the AOS is the most complicated route of the three.

Your help is much appreciated!

[Betti 1]

Hi bestofboth,

Welcome to visa journey!

I am in the US on a J-1 visa as well and will get married on August 8th and afterwards do the AOS (J-1 will expire 09/19).

You do have to be married before you can start filing for AOS. As soon as you have the marriage license you can send in your application. From that point on, it takes about 6 months to get the greencard. As always, sometimes it goes faster, somtimes it takes longer. The whole process costs about $1500 plus medical exam and vaccinations, if necessary. After 90 days (latest) you should get your work permit and be able to get a job again.

If you choose the K-1 route, you will have to go back to the UK and wait for approval for the K-1. When you then come to the USA, you get married and after the wedding still have to do the whole AOS process in order to get the conditional greencard.

So if you did not have the intention of getting married and staying in the USA when you last entered the country, the AOS from J-1 without leaving in between is the fastest and cheapest way for you.

If the visa expires before you apply for AOS, you will be out of status and have to return to your country. But with the J-1 you have a grace period of 30 days after it expires, it's normally called the travel month.

Please, everybody else, correct me if I am wrong on anything, but I think that's pretty much it :-)

Good luck!

[bestofboth 1]

Hi bestofboth,

Welcome to visa journey!

I am in the US on a J-1 visa as well and will get married on August 8th and afterwards do the AOS (J-1 will expire 09/19).

You do have to be married before you can start filing for AOS. As soon as you have the marriage license you can send in your application. From that point on, it takes about 6 months to get the greencard. As always, sometimes it goes faster, somtimes it takes longer. The whole process costs about $1500 plus medical exam and vaccinations, if necessary. After 90 days (latest) you should get your work permit and be able to get a job again.

If you choose the K-1 route, you will have to go back to the UK and wait for approval for the K-1. When you then come to the USA, you get married and after the wedding still have to do the whole AOS process in order to get the conditional greencard.

So if you did not have the intention of getting married and staying in the USA when you last entered the country, the AOS from J-1 without leaving in between is the fastest and cheapest way for you.

If the visa expires before you apply for AOS, you will be out of status and have to return to your country. But with the J-1 you have a grace period of 30 days after it expires, it's normally called the travel month.

Please, everybody else, correct me if I am wrong on anything, but I think that's pretty much it :-)

Good luck!

Hi Betti, thanks for the quick response.

Congratulations on your engagement!

Just to clarify - you said that if my J1 expires before i apply for AOS i will have to leave the states... but what about if it expires during the process i.e. after i've applied for it but before i've received my greencard? will i have to leave then? how will the expiration affect my application as some information would have then changed - possibly even my address if i have to return home?

Thanks

[Eric-Pris 1,606]

As soon as you have the marriage license you can send in your application.

That should read "marriage certificate". A license is worthless as far as AOS goes.

[Chica Yeyé 41]

Hi Betti, thanks for the quick response.

Congratulations on your engagement!

Just to clarify - you said that if my J1 expires before i apply for AOS i will have to leave the states... but what about if it expires during the process i.e. after i've applied for it but before i've received my greencard? will i have to leave then? how will the expiration affect my application as some information would have then changed - possibly even my address if i have to return home?

Thanks

If you have applied for AOS and your visa expires, your status is just "pending". so you would be ok

[Betti 1]

No problem.

If your J-1 will expire after you have already applied for AOS, that's no problem. As soon as you have the NOA 1 your status chages from J-1 to pending for AOS and that allows you to legally stay until there is a decision for your AOS. The work permit usually takes about 90 days from the day of your application, so you will have a few weeks where you can't work. As soon as your case is approved and you receive your greencard, your status will change from pending to conditional greencard-holder and then you will be good for 2 years :-)

The expiration of your J-1 does not affect the AOS application at all.

As soon as you have the marriage license you can send in your application.

That should read "marriage certificate". A license is worthless as far as AOS goes.

Thank you, Eric-Pris, of course I meant the certificate, not the license. Sorry about that!

[bestofboth 1]

No problem.

If your J-1 will expire after you have already applied for AOS, that's no problem. As soon as you have the NOA 1 your status chages from J-1 to pending for AOS and that allows you to legally stay until there is a decision for your AOS. The work permit usually takes about 90 days from the day of your application, so you will have a few weeks where you can't work. As soon as your case is approved and you receive your greencard, your status will change from pending to conditional greencard-holder and then you will be good for 2 years :-)

The expiration of your J-1 does not affect the AOS application at all.

As soon as you have the marriage license you can send in your application.

That should read "marriage certificate". A license is worthless as far as AOS goes.

Thank you, Eric-Pris, of course I meant the certificate, not the license. Sorry about that!

Thankyou! And thank goodness i found this website - so much useful information that i would be lost without!