Hello, I hope you all are doing well.
I am a Pakistani national, who applied for a J1 visa in April 2023. Unfortunately, the case was not approved during the interview and was sent for administrative processing. The case was just approved in the first week of November. The J1 visa issued to me is not subject to the two-year home residency rule.
In February, I met my spouse (US citizen) in South Korea, where I was pursuing my master's. She was there for a job. We both left South Korea by the end of February for our next destination. She went back to the States, while I started a job in Oman. However, we were still connected over the phone and social media. She visited me in Oman in May, after which we decided to involve our families. And in the third week of September, she and her family arrived in Pakistan and we got married. Soon, after our marriage I registered our marriage and her as my wife in our national database. I also verified our marriage certificate, family registration certificate and marriage contracts from the MINISTRY OF FOREIGN AFFAIRS OF PAKISTAN. She is also holding a PAKISTAN-ORIGIN-CARD (POC) on my behalf as her husband to exempt from visa restrictions to live in Pakistan.
Now, with the J1 confirmed, we intend to come to the States, so that I can join the workplace and complete my contract under J1 rules and regulations. Meanwhile, we are also looking to apply for a MARRIAGE-BASED GREEN CARD from within the States during my stay, but are confused as there is a lot on the internet about the intent to fraud if entering in US with a non-immigrant visa to convert to a Green Card if already married to a US citizen.
"We need advice and suggestions on this issue and want to know from your knowledge and experiences what are our options in this current situation. Can we file the I-130 and I-485 from within States or not? And if yes then what things should we keep in mind."
Thank you.
Kind regards,
