Can I change my immigration status after marriage? 10 Answers as of August 19, 2011

I am currently in the US on a J1 visa,it will expire in 2 months and me and my fiance about to get married,what i want to know is how long my papers will take to come through and what happens if i not to return to my country after getting married and before i get my change of status.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
You can change your status if you are not subject to the foreign residency requirements.
Answer Applies to: New York
Replied: 8/19/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
If you are not subject to the 2 year foreign residency, you can marry and file your green card application and remain in the U.S. while the case is pending.
Answer Applies to: California
Replied: 8/10/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
If you apply to adjust your status before your current status runs out, you can stay in the US until your application is either denied or accepted by the USCIS. It takes about 6 to 12 months depending on where you are for you to hear from them about the adjustment of status. However, you will receive your work permit and traveling documents much sooner, no later than 90 days after you apply.
Answer Applies to: Florida
Replied: 8/10/2011
Fong & Associates
Fong & Associates | William D. Fong
Are you subject to the section 212(e) home residency requirement? If not, then no problem. If you are, then you will need to apply for a waiver, usually based on hardship to the US citizen Thank you.
Answer Applies to: Texas
Replied: 8/10/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
This depends on what kind of J-1 visa you have. Some J-1 visas have a 2 year foreign residency requirement which means that before you can file for permanent residence or an H1B visa, you must return to your last residence for two years. This is usually indicated on the visa itself and the paperwork issued to you when you get the J-1 visa. If there is a question about this, you can obtain an opinion from the U.S. Department of State about whether you are actually subject to the requirement. There are alternatives but they are complicated and generally require the assistance of an attorney. If you are not subject to this requirement, then you can simply get married and apply for your papers. In Virginia, the process takes about 6 months. If you are subject to the requirement, you will be denied.
Answer Applies to: Virginia
Replied: 8/10/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    It depends on your J-1 visa if you are required to go home for 2 years, you will need a waiver. Waivers for J-1 visa are extremely complicated. You will need a good immigration attorney. Let us know if you need further help.
    Answer Applies to: Nevada
    Replied: 8/10/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    J1 visas are tricky. You have to consult with an immigration lawyer to see if you are subject to the 2 year foreign residency requirement.
    Answer Applies to: Texas
    Replied: 8/10/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Well if your J1 does not have the 2 year requirement to return home, then once you get married it should take about 4-5 months to get your residency.
    Answer Applies to: Florida
    Replied: 8/10/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can apply for a green card if your spouse is a U.S. Citizen. You do not need to leave the country but should make sure you are not subject to the 2 year home residency requirement for having been granted a J-1 visa. You can still apply but would need a waiver of the requirement to receive your green card. I recommend consulting with an experienced immigration attorney before you file an application.
    Answer Applies to: California
    Replied: 8/10/2011
    Yoo & Lee, LLP
    Yoo & Lee, LLP | Winston W. Lee
    If you are subject to 2 year home residence requirement, you need to return to your home country unless you get a J-1 waiver. If you are not subject to 2 home residence requirement, then it might be possible to file for your green card if you get married. It usually takes about 9 months to get the green card.
    Answer Applies to: Washington
    Replied: 8/10/2011
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