AOS from J1, a few questions

[Ines1987 3]

Hello everyone,

I'm new here and trying to find some answers! I've tried to search through some older threads, but wasn't able to find answers for sure.

My fiance and I are getting married in a few days, I am here on a J1 internship visa. After we get married, we want to apply for adjustment of status.

We're done with most of the paperwork, but I am left with a few things that are unclear, so I am hoping you can help me!

1) We want to send in the application for work authorization with the AOS papers, I am just unsure about what to check on the form. My J1 visa was for an internship in a hotel, so I was working while I was here. Does that mean I need to check "permission to accept employment" or "renewal of permision to accept employment"?? I was only allowed to work for my internship company with the J1.

2) IS it better to send in evidence of a "bonafide marriage" (rental agreement in both names etc) with the paperwork, or is that not required until we have the interview? I've read about people doing both, so I'm not sure what would be better?

Thanks for your help

[EV11 18]

Hello

You will select the option that says "permission to accept employment" as you are here on a J1 visa. You do not have a Work Authorization card (EAD) so you have nothing to renew.

There have been a number of people who have sent evidence with their AOS application, but I like many did not. There are no USCIS regulations that require you to do so. It is completely your choice however. My advice is give yourself more time to collect the relevant evidence and just prepare yourself for the interview. USCIS are sympathetic to the fact that you won't have been married for long, so won't necessarily have a lot of evidence as a married couple. If you knew your fiance before you came here on a J1 visa you will also have to show evidence that you didn't come here with the intention to marry.

I hope this has helped and good luck with your journey!

[Little_My 464]

First thing that you should check (if you haven't already) is to make sure that you do not have a 2 year home residency requirement attached to your J1 visa. If you do, you need to get that waived first before you can proceed with AOS. Since your J1 was for an internship, you probably don't have the 2HHR, but it is best to check that anyway.

1. You choose "permission to accept employment". You'll be issued a new EAD, not a renewal of your current one.

2. Better to send it with the paperwork. You can (and should) bring more to the interview, but you do need to submit evidence of a bonafide marriage (in addition to the marriage certificate) with the AOS paperwork as well.

[Ines1987 3]

Thanks!!

That helps a lot!

I didn't know him before I came t he US, so hopefully that shouldn't be a problem.

We have a few things that have both our names, like the rental agreement for our apartment, registration for both cars etc... of course all of those are still in my maiden name.

One more question about the photos, I've just read so many different numbers at this point. We only need one photo of my (future) husband with his G325a and then a total of six photos of myself (for G325a, I765 and I131) right???

First thing that you should check (if you haven't already) is to make sure that you do not have a 2 year home residency requirement attached to your J1 visa. If you do, you need to get that waived first before you can proceed with AOS. Since your J1 was for an internship, you probably don't have the 2HHR, but it is best to check that anyway.

1. You choose "permission to accept employment". You'll be issued a new EAD, not a renewal of your current one.

2. Better to send it with the paperwork. You can (and should) bring more to the interview, but you do need to submit evidence of a bonafide marriage (in addition to the marriage certificate) with the AOS paperwork as well.

I don't have the 2HHR, so we should be good on that.

Would it be ok if the evidence is still in my maiden name??

[Little_My 464]

Hello

You will select the option that says "permission to accept employment" as you are here on a J1 visa. You do not have a Work Authorization card (EAD) so you have nothing to renew.

There have been a number of people who have sent evidence with their AOS application, but I like many did not. There are no USCIS regulations that require you to do so. It is completely your choice however. My advice is give yourself more time to collect the relevant evidence and just prepare yourself for the interview. USCIS are sympathetic to the fact that you won't have been married for long, so won't necessarily have a lot of evidence as a married couple. If you knew your fiance before you came here on a J1 visa you will also have to show evidence that you didn't come here with the intention to marry.

I hope this has helped and good luck with your journey!

She might have had an EAD issued to her under the J1 status - however, she should still choose "permission to accept employment" as you noted, because she will be issued a new EAD under a different category, not a renewal of the old one.

You are incorrect about the supportive evidence part though. Instructions for form I-130 clearly state, under "What documents do you need to prove family relationship":

"NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence the bona fides of your marriage:

E. Documentation showing joint ownership or property, or;

F. A lease showing joint tenancy of a common residence, or;

G. Documentation showing co-mingling of financial resources, or;

H.Birth certificate(s) of child(ren) born to you, the beneficiary and the petitioner, or;

I. Affidavits blablabla

J. Any other relevant documentation to establish that there is an on-going marital union"

Also, she does not have to prove non-intent. If USCIS was to suspect intent to immigrate under a non-immigrant status, it is their job to prove that there in fact was intent - the beneficiary does not have to prove that he/she did not have the intent to immigrate.

[EV11 18]

Oh you should be absolutely fine then, as I met my now husband whilst on a J1 visa.

The evidence being in your maiden name will not be an issue at all, as you are still not married. It is also the free will of the parties involved as to what name you go by, USCIS won't think too much of it. Many women choose to not take their husband's last names after marriage and they are not thought of as less legitimate.

Yes you will need 6 photos in total for yourself 2 for AOS, EAD and AP. Make sure you put your name and date on the back. If you're on a J1 visa you probably won't have an alien number so don't worry about that. I came on a K1 visa so when I applied for my adjustment of status my husband didn't need to fill out a G-325A as it was my application. It may be different for people adjusting from other visas. So you may have to look into that.

[Ines1987 3]

Thanks you two!

I wish I would have joined the site sooner, I've spent quite some time brooding over this paperwork lol

[EV11 18]

She might have had an EAD issued to her under the J1 status - however, she should still choose "permission to accept employment" as you noted, because she will be issued a new EAD under a different category, not a renewal of the old one.

You are incorrect about the supportive evidence part though. Instructions for form I-130 clearly state, under "What documents do you need to prove family relationship":

"NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence the bona fides of your marriage:

E. Documentation showing joint ownership or property, or;

F. A lease showing joint tenancy of a common residence, or;

G. Documentation showing co-mingling of financial resources, or;

H.Birth certificate(s) of child(ren) born to you, the beneficiary and the petitioner, or;

I. Affidavits blablabla

J. Any other relevant documentation to establish that there is an on-going marital union"

Also, she does not have to prove non-intent. If USCIS was to suspect intent to immigrate under a non-immigrant status, it is their job to prove that there in fact was intent - the beneficiary does not have to prove that he/she did not have the intent to immigrate.

I was on a J1 visa last year and you are not issued a EAD, you are simply given a visa in your passport and a piece of paper. There is no EAD, that's why I said it.

If that is the case then fair enough. I came on a K1 visa so I did not need to apply using the I-130 as my visa was with the intention to adjust status.

Edited December 9, 2011 by EV11

[Little_My 464]

I was on a J1 visa last year and you are not issued a EAD, you are simply given a visa in your passport and a piece of paper. There is no EAD, that's why I said it.

If that is the case then fair enough. I came on a K1 visa so I did not need to apply using the I-130 as my visa was with the intention to adjust status.

J1 is the visa, EAD is a separate Employment Authorization Document for which both J1 and F1 students/exchange visitors are eligible for under certain conditions - so she could have had an EAD under her J1 status. It is not automatically issued to J1/F1 visitors, but you can apply for it and get it if you meet the requirements.

[Ines1987 3]

I just came up with another (random) question.

Since we're filing I-130 and I-485 at the same time, can we include the payment in one money order/check, or does it need to be separate??

[Little_My 464]

Many people say that it can be combined, but the more favored approach seems to be to separate them - one check/money order for the $420 for I-130 and one for $1,070 for biometrics fee and I-485. Though they are filed jointly they are still two separate packages, so for clarity it might be better to separate the fees. That's what we did and had no problems. Just make sure that the final amount is exactly what it should be, how ever you choose to make the payment.

[Ines1987 3]

Thanks! Better safe than sorry, I guess, so we'll just include separate payments...