Will I have problems convertin a J1 visa into an I-130. 7 Answers as of January 26, 2011

I am on a j1 visa which expires in July 2011. I am getting married on March 13th in the USA to a US citizen. I have heard I might have some problems when getting the I-130. Is this true? If so why? My visa says I am not subject to the 2 year home period(forgot the proper term for this).

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Since you are married to a U.S. citizen you can file the I-130 and I-485 and all supporting forms and documents in one mailing. In some cases persons who come on a J-1 are subject to the 2-year foreign residence requirement before they can change to permanent residency but it appears you may NOT be subject to this requirement. What we normally do to be sure is to check over the DS-2019's that you have received to see source of funding and research any Skills Lists applicable to your country and then request an Advisory Opinion armed with this information from the Department of State. If most unlikely to be subject to this requirement you can do both processes simultaneously.

If we can assist you in these immigration processes, please contact me as indicated below for the procedures, fees, and timing.
Answer Applies to: California
Replied: 1/26/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
If you are not subject to the two year foreign residence and entered legally, there should not be any problem when you are applying for permanent residence. Your spouse will file the I-130 petition and you will file the I-485 application. There is always a possibility that an error was made on your visa and that you are in fact subject to the requirement, but this is not common. If you are really worried, see an attorney who specializes in J-1 visas and waivers and they can help you more.
Answer Applies to: Virginia
Replied: 1/26/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If your J1 is not subject to the 2 yr restriction then no you shouldn't have a problem.
Answer Applies to: Florida
Replied: 1/26/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If you are not subject to the 2 year residency rule (section 212(e) of immigration nationality act), then your green card application is approvable. I-130 can be filed and approved whether or not you are subject to the 2 year residency rule, but the green card can be approved only if you are NOT subject to the 2 year residency requirement on your J-1 visa.

If you need help filing for permanent resident status (green card) based on marriage, we have a very high success rate and your case is definitely approvable if you hire our office. Contact us for more information.
Answer Applies to: California
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If you are not subject to 2 year home residence, you will be fine. Congratulations!
Answer Applies to: Florida
Replied: 1/25/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    As long as your J-1 visa does not have the 2 year foreign residence requirement or was obtained with government funding, you can adjust your status to that of an immigrant.
    Answer Applies to: Florida
    Replied: 1/25/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    An I-130 can be approved whether or not you are subject to the 2 year physical presence requirement. You should be able to file your I-130 / Application to adjust status based on marriage to an American citizen (provided you are other admissible).
    Answer Applies to: California
    Replied: 1/25/2011
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