J1 Visa to Greencard

[Deagle 508]

Hello everyone.

 

I am asking this for a friend:

 

US citizen met a person who is in the USA on a J1 visa. They have been dating for a while and thinking of getting married. This is the 3rd year the foreign person comes to the US on J1 visa.

 

The J1 visa will expire in 2 weeks or so. They don't have home residency restrictions. If they decide to get married, is there a way for them to stay here without having to go back? Also, will their overstay be forgiven if they get married after their J1 visa expires?

 

Thanks

[OldUser 6,466]

Yes, they can get married and stay.

Overstay will be forgiven since they're married to US citizen.

[Nashmusah 29]

1 hour ago, OldUser said:

Yes, they can get married and stay.

Overstay will be forgiven since they're married to US citizen.

Yes they can boss,

Good luck 

[nastra30 2,275]

3 hours ago, Deagle said:

 If they decide to get married, is there a way for them to stay here without having to go back? Also, will their overstay be forgiven if they get married after their J1 visa expires?

Marriage by itself does not confer any benefits. After marriage, they'll need to file I-130 + I-485 concurrently for the foreign spouse to be in a period of authorized stay. Forgiveness only happens after USCIS papers have been filed, so this step is very important otherwise foreign spouse becomes deportable if their status runs out.

[Boiler 45,311]

I would not hang around, quick legal marriage and file, if they want the party thing take their time and do it later.

[Deagle 508]

18 hours ago, Boiler said:

I would not hang around, quick legal marriage and file, if they want the party thing take their time and do it later.

They realized that the foreign spouse-to-be has expired on August 8th. Does this mean they will not be able to adjust their status? or this will be considered as forgiven overstay due to marriage to US citizen?

[Deagle 508]

18 hours ago, nastra30 said:

Marriage by itself does not confer any benefits. After marriage, they'll need to file I-130 + I-485 concurrently for the foreign spouse to be in a period of authorized stay. Forgiveness only happens after USCIS papers have been filed, so this step is very important otherwise foreign spouse becomes deportable if their status runs out.

They realized that the J1 visa expire on August 8th. Does this mean they are out of status now?

[nastra30 2,275]

1 minute ago, Deagle said:

They realized that the J1 visa expire on August 8th. Does this mean they are out of status now?

Yes

[Deagle 508]

1 minute ago, nastra30 said:

Yes

Will this be forgiven if they get married and file the needed forms?

[nastra30 2,275]

Just now, Deagle said:

Will this be forgiven if they get married and file the needed forms?

Correct, if ultimately green card gets approved.

They should marry and file adjustment papers right away. Then foreign spouse will have authorized stay until adjustment is adjudicated. Good luck.

[Boiler 45,311]

They will no doubt be fine, people have adjusted who have been out of status 20 years, but why take a risk?