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