Converting F1 Student Visa to green card?

[iscariot 0]

Hello. I tried looking in the forum and didn't find much on my situation....

I'm a US citizen, but I'm going to marry my GF who is a Chinese national. She is presently here in the US on a J1 student visa and has another year to go before she graduates with her PhD. Since she's already here, what does that do to her visa status?

[Harpa Timsah 13,258]

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

Follow this guide. Make sure she is not subject to a 2-year Home Residency Requirement. Also check out this forum.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Good luck!

[YuAndDan 153]

J1 is not an F1 as per your topic header.

J1 with China tends to have a 2 year home residency requirement, no AOS from that. And China wont issue a "No Object" to it, so no waiver.

LEE VD on Candle had to deal with a couple issues around a J-1 visa, Firstly the 2 year HHR, his fiancee returned home for the required 2 years, and they then did the K1 filing the I-129F about 8 months before the 2 year of Home residency was over, so that the interview would happen just outside the 2 years, they also had to deal with the CCP issue, that many people in the medical profession in China have to be a member of. CCP membership tends to be a condition of the medical professions in China, easily waived.

http://candleforlove.com/forums/index.php?showtopic=41784&st=0&p=555742&fromsearch=1entry555742