Adjustment of Status

[Nadin 0]

Hello to everyone!

I am on my J1 visa here but my DS-2019 is cancelled though visa valid till 2013. I have a fiance and we are going to get married this year.

Can I be deported from the country after marriage? or when do we have to file petition I-130 in order to change my status? how fast we should do that? is there any chance for deportation before we file the petition?

Thank you very much for your reply.

[milimelo 4,544]

Moving to AOS from student, tourist, work visa.

[NancyNguyen 1,658]

Does your J1 state if you are subject to 2 year country home rule? If it is, you cannot adjust status without a waiver. Why do you keep repeating about deportation? If your marriage is in good faith, there is nothing you should worry about now, except to follow the rule.

[Nadin 0]

NO I am not a subject to 2 years, and yes we love each other a lot. have been dating for 2 years

[ceadsearc 516]

Follow the guidelines here at VisaJourney for Adjustment of Status. You will need a complete medical exam by a civil surgeon, and you and your spouse will be filling out the I-130, I-864, I-485, I-765 (if you wish to work). If you have more than 180 days out of status don't bother with the I-131 because you can't travel without incurring a ban.

Deportation is unlikely, unless you commit some sort of crime. As long as you are out of status, you can be detained. The sooner you get married, the better, as you have no status up until you file your paperwork AND receive your NOA1. If you were to get detained after you were married but before you filed, you'd most likely be told to just file your immigration paperwork. If you were to get detained before getting married, it would cast extra suspicion on your case if you did get married afterwards when you were already in deportation proceedings.

Again, it's unlikely you will be detained, but the sooner you can get married and file your paperwork, the better. The less time spent out of status, the safer you are.

[Brother Hesekiel 2,236]

Can I be deported from the country after marriage?

In theory you can be deported; in real life no immigration judge will order you deported if you are eligible for Adjustment of Status. The judge will tell you to do that ASAP, and that's sound advice.

Check the VJ Guides for the necessary forms to fill out and to submit.