Getting married on a Visa J1 (extension) that expires in 3 months and applying to adjustment of status..

[Babar 0]

Hi everyone,

it is my first time on the forum. Although I have been searching here for quite a bit, I hope to find my answers and to be helpful to other people that in the same situation as I am now.

I have a VISA J1 . I am getting married to my girlfriend who I have been dating for 2 years (She is a US citizen) and applying for the adjustment of status.

I have 2 issues:

1) I extended my VISA J1 in February and received a second DS 2019.

However, as my first DS 2019 mentions that I don't require to fulfill the 2 years residency (same on my VISA), the second DS 2019 that I received for my extension does not stipulate anything: No Box in checked!

I am worried that because nothing is checked I would become eligible for the adjustment of status.

2) My VISA will expire on June 15th. I believe I will have until July 15th to remain legally in the country.

If I send my green card application (I-130 + I-485) by the beginning of April, will I be able to stay in the country legally knowing that it takes time to process the green card application?

Can I stay in the country passed July if my application is being processed ? Do you think my timeline is realizable ?

Thank you so much for your help !

Edited March 22, 2013 by Babar

[Babar 0]

Guys, I would love a little help

[Harpa Timsah 13,258]

1. I have read that extending your J-1 makes you subject to the 2-year HRR, but I have also seen that not be true so check into that.

2. Once your I=485 is pending, you are granted a NEW period of authorized stay. You can stay, in fact you must stay, while the I-485 is being processed. If you leave before you have the special permission to leave, Advance Parole, your case will be deemed abandoned and will be denied.

[Babar 0]

Thank you Harpa Timsah.

Anyone knows about the Visa J1 extension causing to be eligible for a 2 year rule ?

[Babar 0]

Guys, anyone with some ideas ?

My topic is definitely not popular

[Hypnos 6,576]

Once your I-485 is accepted for processing by USCIS then you enter a new period of authorised stay that persists until the application is finally adjudicated.

It is vital that you find out whether or not you are subject to the two year HRR before filing though, because if you are and you do not either serve the two years or obtain a waiver then your I-485 would be denied and you would likely be placed in removal proceedings.

You can obtain an advisory opinion from the State Department as to whether your are subject to it. If you are then you can attempt to obtain a waiver; if you are not then you can simply proceed with your AoS application.

You can find details on how to ask for an advisory opinion here: http://travel.state..../info_5502.html and, while there is no charge for doing so, it usually takes several weeks to receive a response.

Edited April 2, 2013 by Hypnos

[drella 4]

Hi,

Actually, I am in the exact same situation as you. I got married while on J-1 extension (sent my aos package last week) and I am worrying myself now because I didnt check my second ds-2019 but it's like you, no box is checked on the second one, so here is a helpful (kind of) link http://travel.state.gov/visa/temp/types/types_1267.html#twoyear so according to it I don't think it would apply for any reasons, if it was not required on the first one, I doubt it would change for the extension since the context of the internship is the same anyways and I am guessing they would have at least checked a box if it was required...But of course it is just my opinion, I have to verify for myself too

[Babar 0]

Hi,

Actually, I am in the exact same situation as you. I got married while on J-1 extension (sent my aos package last week) and I am worrying myself now because I didnt check my second ds-2019 but it's like you, no box is checked on the second one, so here is a helpful (kind of) link http://travel.state.gov/visa/temp/types/types_1267.html#twoyear so according to it I don't think it would apply for any reasons, if it was not required on the first one, I doubt it would change for the extension since the context of the internship is the same anyways and I am guessing they would have at least checked a box if it was required...But of course it is just my opinion, I have to verify for myself too

Hypnos, thank you for your answer.

Drella, let's stay in touch. I think it's always good to have an advisory opinion to be sure. Have you send your package yet ?

[Babar 0]

Hypnos, thank you for your answer.

Drella, let's stay in touch. We're in the same situation.

I'm sure you'll be fine but would love to hear more about the following of your application.

You should actually get an answer soon wether your application will be processed or not.

Edited April 3, 2013 by Babar

[drella 4]

Drella, let's stay in touch. We're in the same situation.

I'm sure you'll be fine but would love to hear more about the following of your application.

You should actually get an answer soon wether your application will be processed or not.

Sure. Yes I did send my aos package and I just got my NOA1 yesterday,just hoping for everything to go smoothly and without rfe...