K3 or adjustment?

[catou 0]

I am a French citizen married with an Us citizen and I hesitate between an Adjustment of Status or a K3 Spouse Visa. This is my story: I arrived in the US in August 2003 to work as a teacher with a J1. There I met in January 2004 my actual husband. We get married in August 2005 and had a baby on November 2005. In my passport my Visa J1 expired in July 2006 but I don’t have any DS2019 since September 2005 because my employer decided (in September!) not to renew my contract. I am supposed to go to back to France with my son from May to September. But I think that if I ask for an adjustment of status now I would not be able to leave the US. Correct? What about applying for a K3 while in France? Which strategy do you think would be the easiest (and faster) in my case?

[Boiler 46,025]

The safest thing would not to leave the US until you have your GC in hand.

You may be subject to a ban, not sure, but why risk it.

[aussiewench 9]

Stay put.......Seek legal councel to discuss AOS.

[Mr. Big Dog 10,747]

Is there a 2-year foreign residence requirement attached to your J1? If so, things get a bit more tricky (you'd need to file an I-612, Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act in that case in addition to the I-485 package. I'd suggest seeking professional advice in that case.

Otherwise, stay put and apply for Adjustment of Status.

Good Luck!