marriage to usc J-1 Visa - Getting Married

[Mirsadi Norman 0]

I am here on a J1 visa as an aupair,  I am not subject to the 2 year rule as no government funding was used aside from my own personal money, I have been here for a year and will be extending for another, my visa will then end next year in July, at this time my boyfriend and I plan to get married sometime before that... this is all depending on how long the paperwork/ process will take...

 

I need advice on how to go about applying for a GC/PR? What forms do I need to apply for and when do I need to apply for them? Do I wait until my current J1 visa ends or before it ends?

Any advice is much appreciated

Edited April 9, 2017 by Mirsadi Norman

[geowrian 22,337]

I'm assuming you are married to a USC. If not, this can get more complicated.

 

If so, you can file for AOS at any time after you marry. Just follow the guides here:

http://www.visajourney.com/content/i130guide2

 

Once you file for AOS, you are granted a period of authorized stay while AOS is pending. You cannot exit the US unless you request and obtain Advance Parole (AP) first.

 

It is usually helpful to send proof of not being subject to the 2YHRR...otherwise you may get an RFE.

[Mirsadi Norman 0]

20 minutes ago, geowrian said:

I'm assuming you are married to a USC. If not, this can get more complicated.

We aren't married yet as I'm unsure of whether or not it will affect my J1 visa, I do have proof that I am not subject to the 2YHRR , my DS-2019 form and Visa in my passport state that I am not subject to 2YHRR as well as the private agency I came over with 

Edited April 9, 2017 by Mirsadi Norman

[geowrian 22,337]

1 hour ago, Mirsadi Norman said:

We aren't married yet as I'm unsure of whether or not it will affect my J1 visa, I do have proof that I am not subject to the 2YHRR , my DS-2019 form and Visa in my passport state that I am not subject to 2YHRR as well as the private agency I came over with 

Ah. What I meant was your fiance is a USC (not an LPR).

[Mirsadi Norman 0]

1 minute ago, geowrian said:

Ah. What I meant was your fiance is a USC (not an LPR).

Yes he is a USC

 

 

[geowrian 22,337]

Just now, Mirsadi Norman said:

Yes he is a USC

Then you can marry and file for AOS at any time. The DS-2019 and passport stamp is sufficient to show you don't have the 2YHRR. The marriage itself won't affect your J-1 status. Once you file for AOS, you enter a period of authorized stay within the US, and your previous J-1 status is no longer applicable. That said, your sponsor/host/agency can choose to do essentially whatever they want as well. Here's a couple other threads that hopefully can answer your questions:

 

 

 

[Mirsadi Norman 0]

Geowrian thank you so much, I appreciate you taking the time to help me out with this process.

[geowrian 22,337]

11 minutes ago, Mirsadi Norman said:

Geowrian thank you so much, I appreciate you taking the time to help me out with this process.

No problem. Good luck!