Strategy Help

[KIG0 0]

Hi - First time poster. I've read through the intro guides, but need help with strategy.

Situation

Couple: Will get married. Dating since they met in Japan four years ago. For the past three years they have lived in the U.S. For the past year, both have lived in the same apartment, with the lease in both names.

He: U.S. Citizen

She: Came to U.S. on a student visa and received a masters. After, received a J1 visa which expires on December 31, 2010.

Goal: Our life is in the U.S. We both have jobs and friends here. We are looking for the option the will allow her to stay or return to the U.S. in the fastest way possible.

Strategy

We see two options.

1) Get married today: It sounds like spouse visas take considerable time. Will she still have to leave the country at the end of the year?

2) Apply for a fiancee visa: We would apply through the consulate in Japan. How long does this take? About 5-6 months? If we file today, she would probably be stuck in Japan for at least a couple months?

What would the posters here recommend as a strategy to follow?

Thank you and will post on the K-1 forum as well.

-KIG0

[canadian_wife 1,827]

Since she is currently in the US on a valid visa, there is no need to apply for another visa. Simply marry and adjust her status to a permanent resident. Follow the guides

Good luck

[Darnell 8,479]

yup - the foreign person will qualify for an 'Adjustment of status' case, after marriage, not need to pursue visa.

caveat - do not leave USA until green card in hand.

follow this guide - http://www.visajourney.com/content/i130guide2

File all forms at same time, do not 'delay' on I-485 packet.

*** not a K-3 visa topic, moving to AOS forum ***

[SaraDee 9]

I'm not sure about the J-1. She may need to get a waiver for the home residency requirement of 2 years before returning. Depending on what country she is from. May want to ask a lawyer. AOS paperwork may not waive that requirement on its own.