Marrying on a J1 visa, can you please help:)

[Rugby7 0]

Hello,

I am a US citizen and my fiance is in the US on a J1 visa. We are getting married in August, before his visa expires in October. We dont have a lot of money and would like to file all the paper work without a lawyer. I have researched the topic and it looks like we need to file a 130 and 485 form, totaling about $1400. Is this correct? Are there other forms we need to file? Once we file, does anyone know about how long it will take before he can legally work? Can he get in trouble getting married on a J1 visa? Its too late to file for a fiance visa as he is in the US now.

I would love to chat with anyone that has just started the process or has finished the process.

Thank you SO much for all of your help!

To sum it up-

1. Is it possible to do all this without a lawyer?

2. Do we need to file more than the 130 and 485 forms?

3. How long after we get married that he can work legally?

4. Is there anything I can file before our wedding to make the process quicker?

THANK YOU!!

[Darnell 8,479]

http://www.visajourney.com/content/i130guide2

and

http://www.visajourney.com/content/otheraos

re: working - can work as soon as can 'prove up' the requirements on the I-9 form.

[Rugby7 0]

Thank you for the information-

We can't file until we are married-right?

The information you sent me said that we shouldn't try to change the status right after he arrived in the US, so we will wait a little bit, get married, then file the 485.

Do you suggest we hire a lawyer or try to do this on our own?

http://www.visajourney.com/content/i130guide2

and

http://www.visajourney.com/content/otheraos

re: working - can work as soon as can 'prove up' the requirements on the I-9 form.

[Darnell 8,479]

I see no need to use a lawyer - there are caveats to that, of course.

I'll suggest a coupla things, maybe (maybe...) help you to decide whether you need an attorney or not.

1. read the VJ guides. map the steps out on paper and pencil. See if anything doesn't make sense to you.

2. Read the USCIS web portal about the forms. Map out the steps on paper and pencil. See if anything doesn't make sense to you.

3. Practice filling out the forms, at least 5 times. See if anything still doesn't make sense to you.

4. Have any red flags? Practice writing up attestation letters about each red flag.

Now, after doing (with major emphasis on DOING ) all of the above, if you do NOT understand the forms and the process and potential red flags for your petition,

then I'd suggest getting a good lawyer.

Edited May 17, 2010 by Darnell

[Darnell 8,479]

We can't file until we are married-right?

Right - the AOS is based on MARRIAGE to a US Citizen. Marriage must occur first.

[Rugby7 0]

When filing the paper work do we have any control which office the papers go to? I notice that the Texas office is a lot faster than the California office.

Thanks for ALL the quick replies!!!

We just spent 6 weeks in China- we had an amazing time!

Right - the AOS is based on MARRIAGE to a US Citizen. Marriage must occur first.

[Anh map 2,098]

Is your fiance subject to the 2 year home residency requirement? This is typically indicated at the bottom of the actual visa.

[Rugby7 0]

No he is not subjected to the 2 year home residency.

His visa is up in October though. We plan on marrying in August, then filing his paper work so he is not here illegally.

Is your fiance subject to the 2 year home residency requirement? This is typically indicated at the bottom of the actual visa.

[Kathryn41 3,205]

When filing the paper work do we have any control which office the papers go to? I notice that the Texas office is a lot faster than the California office.

Unfortunately, no, you need to file at the office that is responsible for your State, you can't choose another. If you're lucky it will be one of the fast offices, but that can also change. What is fast one month may be slow the next. Good luck.