J-1 trainee visa to adjustment of status through marriage

[visajourney99 2]

I have a few questions!

I have known my husband for 2.5 years. We got married two weeks ago.

He arrived in the United States on a tourist visa in September 2011. We weren't ready for marriage so he found a company to sponsor him on the j-1 trainee visa. He went home December 2011 to apply for the j-1 18 month trainee visa and came back to the US in February 2012 to start his new job. My fiance proposed to me August 2012 and we got married in the United States in January 2013 (2 weeks ago)

We are currently applying for his adjustment of status from the j-1 trainee 18 month visa (expires September 2013) to permanent resident/green card.

We mostly understand the process and have been following the adjustment of status guide that visajourney offers (very helpful!)

However we are confused about a few things. Firstly, I am a student and we both currently live with my parents. My husband has a job to support us but my dad filled out the affidavit of support form. My parents have over a couple million in assets and savings. I read this: "The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the US fiance and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide supporting documentation."

Also the evidence for a bonafide marriage: I haven't changed my last name yet but plan on doing it soon. I also haven't been added to my husband's checking account yet. Will these suffice for evidence for a bonafide marriage?

Also we are having our ceremony in the summer. So should I show proof we eloped and have a massive ceremony/reception planned for the summer?

I also read " J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney." Why would we need a waiver and what kind? The USCIS office is booked up unfortunately.

Any help truly appreciated! Thanks so much.

[Galilea 1]

I also read " J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney." Why would we need a waiver and what kind? The USCIS office is booked up unfortunately.

Check your husband's passport (Visa page) and DS2019 document and see if it says anywhere that he is subject to the two year rule. I also had a J1 visa and I can read in it: BEARER IS SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES APPLY.

The two year home residency is a condition of J visas. You need to remove it before filing for AOS by requesting a waiver. Check this link for info about how to: http://travel.state.gov/visa/temp/info/info_1296.html

[Harpa Timsah 13,258]

You are the primary sponsor even if you don' t qualify. You fill out I-864. Dad fills out I-864 too as the only co-sponsor.

Use what evidence you have for bona fide marriage.

Make sure he is NOT subject to the 2-year Home Residency Requirement.