Can I marry my American girlfriend on a J1 status?

[Romonster 0]

Hello everyone!

I am starting this topic because I have researched your forums and found a few answers, but as you say in your guide, every situation is unique so I would like t get some advice on mine.

Here is the story:

I have been on a J1 visa (waived from the 2 year residency rule) for the last 4 years and a few months. This is my 5th year on this visa, meaning that I will have to leave the USA after June 2012. I have been dating my girlfriend for almost 4 years now and we are going to get married sometime in 2013 (before June!)

Since I have been in the USA for a long time, I have a SSN, a bank account and even a credit card (I don't know if this is relevant but I thought I'd mention it).

I would like to know what is the best way to go for me as for getting a green card so I can stay here with my girlfriend and hopefully keep building the great relationship we have had these past 4 years.

What happens after I get married? What will be the next steps?

I guess what I am afraid of is that I will not be able t work work for a few months (I have read up to a couple of years??) which would be a problem since we are not rich at all. We both need to work if we want to be able to pay rent, bills, etc.

Can you tell me more about the process and whether or not I woud be able to keep the position I currently have (which is attached to my J1 visa)?

Thank you!

[Boiler 45,498]

Marry

File to adjust status

You also file for EAD. Once you have that you no longer need the J1.

[Romonster 0]

Thank you.

It looks so simple when it said like that. It is reassuring.

I do have one question though: how long does it take to get the EAD once everything is filed? And can I work in the meantime?

[didopage 337]

EAD is approved is 2-3 months. "a couple of years" is highly unrealistic.

Your spouse will have to file a I-130 petition for you, and you will file forms I-485 (adjustment of status), I-765 (EAD) and I-131 (AP, travel authorization while your AOS is being processed).

Look at this guide: http://www.visajourney.com/content/i130guide2

Edited October 23, 2012 by didopage

[Romonster 0]

Thank you for all the useful information.

I guess I should get to all the paperwork a few months before my visa ends then.

Is the I-131 mandatory or is it just if you want to travel while your paperwork is being processed?

[didopage 337]

I-765 and I-131 are not mandatory, but I highly advise you to file them, because: 1) their fees are waived when you filed those applications at the same time as your I-485 (read the instructions correctly, it's written), 2) those 2 forms are really easy to fill in, and the paperwork needed is mostly the same as the I-485 one (so you just have to photocopy some documents 3 times). 2 id pics for the I-485, 2 more for the I-765, 2 more for the I-131.

Plus, you can't know how long your I-485 application will take to be processed. It can take up to a year. Having the work and travel authorization with you (it will be a combo-card) is safer. Maybe you will need to come back to France if one of your relatives gets sick... That was personally my primary reason to ask for it. For date and length of the trip (asked in the I-131 form), you can just put "Unknown".

So, it's free, it's not much work to file for them, you'll have the authorization to work and travel after 2-3 months, valid for a year... so, why not do it?