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Platypus00

J-1 visa expiring soon

By Platypus00 in Adjustment of Status from Work, Student, & Tourist Visas

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Platypus00 Newbie

Platypus00   0

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My boyfriend is here (Missouri, USA) on a J-1 visa that will be expiring soon. We intend to get married before this expires and submit all the paperwork, but we're concerned that we might not be able to accomplish everything before the expiration is up. He also applied for an F-1 student visa months ago, is accepted into a school, but it is still processing and will likely not hear back from that before the current j-1 visa expires. If he overstays his visa by a few weeks, and we get married and then file for a green card would this negatively affect the process in any meaningful way? Or could the other student visa potentially affect a green card application?

Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
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12 minutes ago, Platypus00 said:

If he overstays his visa by a few weeks, and we get married and then file for a green card would this negatively affect the process in any meaningful way?

 

Depends.  Are you a US citizen?

 

EDIT:  Just checking since you posted this in the IR1/CR1 forum -- your boyfriend wants to stay in the US by adjusting status, and not planning to pursue a spouse visa from his home country?

 

Edited by Chancy
Platypus00 Newbie

Platypus00   0

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23 minutes ago, Chancy said:

 

Depends.  Are you a US citizen?

 

EDIT:  Just checking since you posted this in the IR1/CR1 forum -- your boyfriend wants to stay in the US by adjusting status, and not planning to pursue a spouse visa from his home country?

 

Yes, I am a US citizen. And that would be the plan yes, he would like to adjust status to stay here and pursue a green card. Thanks!

Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
9 minutes ago, Platypus00 said:

Yes, I am a US citizen. And that would be the plan yes, he would like to adjust status to stay here and pursue a green card. Thanks!

 

In that case, having an application to change to F1 status, or even being out of status, will not bar your spouse-to-be from applying to adjust status in the US based on marriage to you, a USC.

 

 
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