F1 to marriage with green card

[Excaliber07 0]

Hello, 

 

I'm (US citizen) in a relationship with someone on a F1 visa but they were previously in the United States on a J1 and are subjected to the 2 year rule. We're wondering what would be the steps to go about getting her AOS and eventual green card. She is still in her first year of the PHD program.

 

From our research, we understand it to be like this, 

1. apply for J1 waiver and obtain it.

2. get married

3. apply for AOS and green card.

 

Is this the correct order? Also we were in a relationship while she was on the J1 visa, not sure if that will affect anything. We're also not sure what to write for waiver statement. 

Edited January 15 by Excaliber07
update on my status

[OldUser 6,696]

On 1/14/2024 at 7:06 PM, Excaliber07 said:

Hello, 

 

I'm (US citizen) in a relationship with someone on a F1 visa but they were previously in the United States on a J1 and are subjected to the 2 year rule. We're wondering what would be the steps to go about getting her AOS and eventual green card. She is still in her first year of the PHD program.

 

From our research, we understand it to be like this, 

1. apply for J1 waiver and obtain it.

2. get married

3. apply for AOS and green card.

 

Is this the correct order? Also we were in a relationship while she was on the J1 visa, not sure if that will affect anything. We're also not sure what to write for waiver statement. 

You can get married first.

What would be the basis for waiver? Why can't she fulfill her promise to return home and spend 2 years there?

 

Edited January 18 by OldUser