Married a US citizen while on J-1 visa

[Karina&Brian 0]

I married a US citizen during the grace period after my J-1 visa expiration. My grace period will end in a week and should I be in a hurry to send all the paper work for a green card? Is it enough to apply for a green card? (and do we have to petition for alien relative too?). What are the steps do we take to apply for a permit to work?

[JohnR! 5,495]

I married a US citizen during the grace period after my J-1 visa expiration. My grace period will end in a week and should I be in a hurry to send all the paper work for a green card? Is it enough to apply for a green card? (and do we have to petition for alien relative too?). What are the steps do we take to apply for a permit to work?

Cograts on the wedding...

Here are the guidelines for family based immigration... The link will help you understand what is needed so that you can obtain your greecard at the end of the process. Good luck! http://travel.state.gov/visa/immigrants/types/types_1306.html

[Karina&Brian 0]

Cograts on the wedding...

Here are the guidelines for family based immigration... The link will help you understand what is needed so that you can obtain your greecard at the end of the process. Good luck! http://travel.state.gov/visa/immigrants/types/types_1306.html

Thanks for the congrats.

When we read this, it seems as if everything needs to be filed at once. Shouldn't there be an order of which to file these petitions? Is it CR-1 with 601 waiver (why does it say "Not in effect"?), i-864? Sorry to ask all this at once, but our heads are spinning trying to figure this out... Does CR-1 cover Alien Relative and Adjustment of Status, or do we still need to apply for these as well?

Thanks!

[Harpa Timsah 13,258]

The link given above is for visas. You don't need a visa so you can ignore it.

You want to file for Adjustment of Status from within the US. There are a lot of forms to file, but you can find the guide up in the guides sections.

First thing to know is, is your J-1 subject to the 2-year Home Residency requirement? If it wasn't originally, does taking an extension on it now make it subject? You will need to figure that out and get evidence before you can proceed with AOS.

[Karina&Brian 0]

The link given above is for visas. You don't need a visa so you can ignore it.

You want to file for Adjustment of Status from within the US. There are a lot of forms to file, but you can find the guide up in the guides sections.

First thing to know is, is your J-1 subject to the 2-year Home Residency requirement? If it wasn't originally, does taking an extension on it now make it subject? You will need to figure that out and get evidence before you can proceed with AOS.

My visa says 2-year requirement does not apply. Am looking in the guides section, thanks...

[Karina&Brian 0]

Does 485 or 601 apply to me?

[Harpa Timsah 13,258]

Does 485 or 601 apply to me?

485 YES, 601 NO. Have you found the right guide? http://www.visajourney.com/content/i130guide2

I have read some people say that by taking the J1 extension, you become subject to the 2year HRR, so I would also check into that. I do not know the specifics on that.

[Karina&Brian 0]

But we're not applying for an extension.... are we?

[Harpa Timsah 13,258]

But we're not applying for an extension.... are we?

Oh, you said in the OP "J1 expiration" and I read "J1 extension." Sorry

[Karina&Brian 0]

Oh, no problem. Thanks nonetheless for your response!

[ArJo 0]

Hi I'm still in the process of AOS. I was a J1 and applied my AOS after my grace period end.if you don't have the 2 years home req so you find, don't need to get the waiver like me. You should file I-130 , I-485, I-765 ( work permit), I-695( medical), I-864, And I-131( optional) . I didn't file I-131 coz I don't really need it. You can read all the instructions on uscis.gov and on this webside too.. Hope this help

[Karina&Brian 0]

It really does. Thanks for the advice, and personal perspective.

[Karina&Brian 0]

Some people say I need to apply for I-130 some people say - I don't. How do I figure this out?

[Little_My 464]

Umm.. yes. The I-130 is the basis for your eligibility to adjust status. WIthout the I-130, there's no AOS, no greencard. The I-130 establishes a marital relationship between the petitioner - your US citizen spouse - and you, which is what makes you eligible for greencard. Harpa linked the correct guide for you. Read through it several times - you have to pretty much include EVERYTHING on that list. The I-131 and I-765 are optional.

[Karina&Brian 0]

Alright, thanks a lot for clearing that up for me. We've read through it many times now, and it's finally starting to make orderly sense.