J1 holder marrying a US citizen

[Raluca 1]

Hi! 

 

I'm a J1 visa holder currently living in Colorado. I work in the fast food industry. My boyfriend is a US citizen and we moved in together after I arrived here, which is at the beginning of June. We plan to get married as soon as possible and apply for an Adjustment of Status (the I-485 form). The two year rule does not apply to me. My contract with the company I work for ends on September 30th and I can stay in the US legally for another month, so until October 30th. I have a couple of questions: 

 

1. Do we have to get married before my contract ends or can we do that and file the I-485 form in October, after my contract ends? 

2. Does he have to sponsor me or can I file it myself? 

3. Do we have to file just the form or some other papers as well? (a dossier as proof of our relationship, proof of us living together, having a joint bank account, etc.) 

4. I want to keep working as soon as possible and as per my research, I have to file an I-765 together with the I-485 form. Is this right? Also, does anybody know how long would it take to get this work permit?

 

Thank you so much for your help!

Edited July 26, 2018 by Raluca

[geowrian 22,337]

1. You can marry anytime. You should file the I-485 while still in status. The sooner you file, the sooner you can get an EAD and the sooner you will get a green card.
2. The USC petitioner must be the primary sponsor. They can use your assets and/or qualifying income as part of the household income. That said, only income that will continue from the same source upon becoming a green card holder will qualify...usually this is an issue when trying to use the intending immigrant's income.
3. You need the I-130 + I-485 + all supporting documents. Including evidence of a bona fide marriage is good. Bring more evidence to the interview later.
   1. Guide: http://www.visajourney.com/content/i130guide2
4. Correct. ETA: ~3-6 months right now. Err on the side of it being closer to 5-6 months right now.

Edited July 27, 2018 by geowrian

[jdaveh 58]

Why dies the 2 year rule not apply to you ?

In the event that your J1 visa did not come with the home presence requirement then upon marrying a U.S. citizen you will be able to file the application paperwork to adjust your status immediately.

Expect to submit all your fees and documents including the I-485 by mail to U.S. Citizenship and Immigration Services (USCIS).

[Raluca 1]

3 minutes ago, jdaveh said:

Why dies the 2 year rule not apply to you ?

It says so on my visa: the two year rule does not apply. I think it's because I work in the fast food industry, not in the medical field and I don't hold a government job.

[TM92 527]

53 minutes ago, Raluca said:

as per my research, I have to file an I-765 together with the I-485 form. Is this right?

Correct. It is also highly recommended (but optional) to file I-131 concurrently with I-130, I-485, and I-765. There are no fees for the I-765 and I-131.

[Raluca 1]

4 minutes ago, TM92 said:

Correct. It is also highly recommended (but optional) to file I-131 concurrently with I-130, I-485, and I-765. There are no fees for the I-765 and I-131.

But the official website of USCIS says the I-765 costs $410. Am I not looking in the right place? 

[TM92 527]

1 minute ago, Raluca said:

But the official website of USCIS says the I-765 costs $410. Am I not looking in the right place? 

For your case, https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers:

Quote

Q5. How much does this card cost?

A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is $1,070, ($985 plus $85 biometric fee), and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of $740. Visit www.uscis.gov/fees for more information.

[Raluca 1]

2 minutes ago, TM92 said:

For your case, https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers:

Oooh okay. Thank you so much, this helps me a lot! 

[geowrian 22,337]

Yes, filing the I-131 and/or I-765 with the I-485 means there is no extra cost. See page 16 of the I-485 instructions.

The above comment is correct, although note that the filing fees in the quote are outdated. The I-485 is $1140 + $85 biometrics = $1225 total. The I-130 is $535.

[TM92 527]

3 minutes ago, geowrian said:

note that the filing fees in the quote are outdated

^This 100%. But USCIS always has an out. They included "Visit http://www.uscis.gov/fees for more information." so future applicants don't have valid excuses for underpayment of I-485 fees.