Converting from J1 work visa to greencard

[billywilly 0]

Hi,

I've a question about converting from J1 exchange visitor visa (sponsored by the ECFMG) to greencard.

I'm a non-US citizen who is currently filing for my adjustment of status from a H1B. My girlfriend is currently in the US on a J1 exchange visitor visa. Assuming that we get married within the next couple of years, what are the options for her to stay back in the US after her J1 training period is over?

Are the only options either to go back to the home country (India) for 2 years and then return on my green card, or alternately to do a J1 waiver position in an underserved area?

Are there other ways around this issue?

Thanks.

[milimelo 4,477]

None unless she gets a student visa or work visa.

As a PR, waiting time for the spouse visa is around 5 years or until you get the citizenship - then you can upgrade an approved petition and is processed right away.

[billywilly 0]

None unless she gets a student visa or work visa.

My understanding is that since she is already here on a J1, she cannot get a student or work visa until she either completes the 2-3 year waiver in an underserved area or if she returns to the home country for 2 years and then comes back here on a visa?

[milimelo 4,477]

My understanding is that since she is already here on a J1, she cannot get a student or work visa until she either completes the 2-3 year waiver in an underserved area or if she returns to the home country for 2 years and then comes back here on a visa?

2 yr home residency requirement has to be completed or you need to receive a waiver for it. You get permission from both Indian gvt and from US Dept of State.

http://travel.state.gov/visa/temp/info/info_1296.html

I've had students who had the 2yr HRR and were able to get the F-1 visa. 2yr HRR requirement still stands as when they're done with the studies they have to go back to their country and complete it there or get a waiver.