9 years in the US. time to do something about it... (J-1 spouse)

[Thomas H 0]

Good day,

I have been living in the US for 9 years. I first came in 2004 under a F-1 visa to get my PhD, then continued as a J-1 scholar (2year rule exempt) since 2009. My visa expires next year in May.

Meanwhile, I have now been married for 2 years to a US citizen, and she mentioned that it would be about time for me to adjust my status here in the US. I agree with her of course, but paperwork and bureaucracy gives me some awkward allergic reaction, hence my presence here.

Now, does the fact that I have been living here for so long changes anything in the process? In other words, I am confused to what am I eligible to (like many others it seems), and wonder about the proper pathway for me to stay here in the best legal conditions.

Any advice?

Best regards,

T.

[Harpa Timsah 13,258]

You do this: http://www.visajourney.com/content/i130guide2

And no, the fact that you have been here a long time doesn't change anything. Best of luck.

[Thomas H 0]

thanks for the quick response.

this is going to be fun....

Now, just to make sure,

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. 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.

Is this about the 2year exemption? If not, do i still need the waiver?

regards,

T.

[Harpa Timsah 13,258]

You said you aren't subject to the 2-year HRR so you don't need to do anything special. That warning there is a little overblown. It doesn't refer to you.

I suppose you do need to show that you aren't subject to it in your package.

So the guide I linked shows the forms you need. I would do one at a time, start with the I-130. Go over the instructions for the form available at uscis.gov and go slowly and methodically through it and the instructions.

The best thing is just to study it all for a bit and come back with questions, but for a quick overview, you will file a I-130/I-485 concurrent package. The mains parts are the I-130, which establishes a familial relationship and allocates an immigrant visa number for you, and the I-485, which is an application for a Greencard. There are other forms and things that go under the "umbrella" of those two forms.

It will all become clearer to you as you go along.

I am going to request your topic be moved to the Adjustment of Status from work, student, and tourist visas forum, and you'll get more answers there and see a lot of people doing the same thing.

[Thomas H 0]

Thanks so much for the help, it is greatly appreciated. I will do my homework properly from now on

T.

[Inky 1,111]

OP is not applying for a student or exchange visa. Moved to AOS from work student tourist forums.

[Harpa Timsah 13,258]

Thanks so much for the help, it is greatly appreciated. I will do my homework properly from now on

T.

Haha, I'm not rebuking you, it's just I think too much advice at this very preliminary stage would just be overwhelming and counterproductive.

[Nina~ 431]

I was in the US for about 8 years before I adjusted my status. I adjusted about 4-5 months before the end of my last semester, and I remained in status during the entire 8 years. I had no problem at all.

Follow the guide that Harpa posted and you should be good to go. It is not that difficult, trust me. It took me about a couple of hours to fill them up and gather the necessary documents, and another couple of hours to photocopy and mail the package. Good luck!

[hmh33 117]

The only special thing that you should do as a J-1 not subject to the 2 year home residence requirement is to include with your I-485 a photocopy of your DS-2019, clearly showing the checkbox that indicates you are NOT subject to the 2-year requirement.

Edited May 24, 2013 by hmh33

[VanessaTony 3,567]

The other thing is, because you've been married for 2+ years you will be expected to have a lot of evidence of co-mingling etc (joint bank accounts, joint bills, wills, lease in joint names, joint health insurance etc) and after approval you will get the 10 year greencard instead of the conditional 2 year one.

[Thomas H 0]

The other thing is, because you've been married for 2+ years you will be expected to have a lot of evidence of co-mingling etc (joint bank accounts, joint bills, wills, lease in joint names, joint health insurance etc) and after approval you will get the 10 year greencard instead of the conditional 2 year one.

This is indeed a good thing to know. thanks for tip. I will check on this too.

[Thomas H 0]

Hello all,

I am currently working on my I-485 package and I have a couple of questions:

1-I am on J-1 visa, working full time , have a W2, and make more than the 125% poverty limit. Do my spouse still need to sponsor me through the I-684? If not, which form do I use to provide my own w2 and tax documents?

2- My visa is still good until sept 2014. Do I still need to fill a I-765 to be able to continue working? If not, I have 14months before I would have to renew it (eventually). Is the timeframe ok, and therefore dispense me of a I-765?

Thanks again for the help provided

sincerely.

tom.

[Harpa Timsah 13,258]

Hello all,

I am currently working on my I-485 package and I have a couple of questions:

1-I am on J-1 visa, working full time , have a W2, and make more than the 125% poverty limit. Do my spouse still need to sponsor me through the I-684? If not, which form do I use to provide my own w2 and tax documents?

2- My visa is still good until sept 2014. Do I still need to fill a I-765 to be able to continue working? If not, I have 14months before I would have to renew it (eventually). Is the timeframe ok, and therefore dispense me of a I-765?

Thanks again for the help provided

sincerely.

tom.

1. The USC sponsor/spouse is always the primary sponsor and needs to fill out a I-864. You, as the spouse, can add your income to your spouse's affidavit if you can show that your employment is from a legal source and will continue after you get your GC.

2. You can keep working on your J1. Though I-765 is free.

Edited July 23, 2013 by Harpa Timsah

[Thomas H 0]

Thanks for the answers.

So basically, I could submit I-765 if the decision is delayed , before the end of my J1 status.

For tax purpose, we filled jointly last year, so I guess it should do it .

regards,

tom.

[Harpa Timsah 13,258]

Yes you can file I-765 after you file the I-485 if you want. I-765 takes 90 days to be approved.

Edited July 23, 2013 by Harpa Timsah