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NMNT Newbie

NMNT   0

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My J1 visa will expire soon and I was thinking if it's possible (and not risky) to get a marriage license and get married before my visa expires and then applying for change of status after? I will be given a 30-day period of grace after my visa expires, so I'm still allowed to stay in the US for another month. Is it complicated or not since I will get married before it expires? Thanks! 

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Boiler Grand Master

Boiler   45,525

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Adjust status

 

Are you marrying a USC?

 

Are you subject to 2yr HRR

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,525

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No problem 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,888

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1 hour ago, NMNT said:

My concern is if I will have problems sending the forms after it expires but getting married before 

No.  The HHR might be more of a problem.  Good luck.  

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Mike E Grand Master

Mike E   11,739

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2 hours ago, NMNT said:

get married

Get married now.

2 hours ago, NMNT said:

before my visa expires and then applying for change of status after?

 

 

Do not over stay your authorized stay.
 

If the home return rule does not apply, file an I-485 package before your authorized stay expires. Filing I-485 will extend your authorized presence until your I-485 is decided.

 

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NMNT Newbie

NMNT   0

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2 hours ago, Mike E said:

 

Get married now.

 

 

Do not over stay your authorized stay.
 

If the home return rule does not apply, file an I-485 package before your authorized stay expires. Filing I-485 will extend your authorized presence until your I-485 is decided.

 

Okay. So I will send that form right away and I can send the rest after? 

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Mike E Grand Master

Mike E   11,739

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Just now, NMNT said:

Okay. So I will send that form right away and I can send the rest after? 

No. I wrote:

 

2 hours ago, Mike E said:

file an I-485 package


Follow this:

 

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Boiler Grand Master

Boiler   45,525

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2 minutes ago, NMNT said:

Okay. So I will send that form right away and I can send the rest after? 

No

 

The package.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,525

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There and here has guides.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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On 7/15/2023 at 4:29 PM, NMNT said:

My J1 visa will expire soon and I was thinking if it's possible (and not risky) to get a marriage license and get married before my visa expires and then applying for change of status after?

 

If you are subject to the 2-year HRR, you cannot adjust status immediately after marriage, even if your spouse is a US citizen.  To file for AOS during your current stay, you must have either an approved waiver or a DOS favorable recommendation.  From the I-485 instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

 

"If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the 2-year foreign residence requirement of INA section 212(e), you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver of that requirement, or were issued a favorable waiver recommendation letter from U.S. Department of State (DOS)."

 

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