QUESTION
Can I marry and apply for adjustment of status during the grace period of my J1 visa or would I have problems with my case?
Asked on Aug 28th, 2012 on Immigration - Texas
More details to this question:
My visa expires on September 5 but I have 30 day of grace period.
13 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Yes as long as you are not subject to a 2 year exemption.
Answered on Sep 13th, 2012 at 12:49 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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That all depends if you are suject to the 2 year foreign residency requirement. If so, you must file a Waiver or go back to your country for 2 years.
Answered on Sep 13th, 2012 at 12:26 AM
Rebecca T White
The answer will depend upon whether you are marrying a US citizen, and whether you have a 2 year home residence restriction on your J visa.
Answered on Sep 12th, 2012 at 11:16 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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The answer to this question hinges on whether or not you have the requirement to return home as part of your J-1 visa. If you do not, you would probably be able to adjust without trouble.
Answered on Sep 06th, 2012 at 2:09 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Yes, you may file during that time. Your status will remain valid as long as it is filed during this time. You must be careful as the USCIS may scrutinize the case if appears you married in order to stay because your status was soon expiring.
Answered on Sep 06th, 2012 at 2:09 PM
More information is needed. Are you subject to the 2 year residency requirement? Perhaps, there are other reasons why you may be disqualified from adjustment of status, even if you marry a U. S. Citizen. I strongly recommend an appointment with a competent and experienced immigration law firm like our office before you file.
Answered on Sep 06th, 2012 at 2:09 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes if the 2-year residency requirement has been waived.
Answered on Sep 06th, 2012 at 2:08 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can marry and file even outside of the grace period. There is no requirement that you do it prior to that. There is no penalty. The entire process if done right only takes about 3 months from start to finish.
Answered on Sep 06th, 2012 at 2:08 PM
Yes you can, but I would advise you to consult with an immigration attorney to avoid mistakes that could result in you falling out of status or delay your petition(s).
Answered on Sep 06th, 2012 at 2:07 PM
Yes, as long as you marry a US citizen, you can apply for adjustment of status immediately and you will not have any issues if you file during your grace period. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter. I handle these types of petitions for clients nationwide on a daily basis.
Answered on Sep 06th, 2012 at 2:07 PM
You are are considered to still have lawful status during the J-1 grace period but can apply for status even after it expired if you apply as a spouse of a U.S. Citizen.
Answered on Sep 06th, 2012 at 2:07 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The situation depends on whether your J-1 visa has the requirement that you go back to your country for 2 years after completing the J-1 program. If you are subject to this requirement, chances are that you will not be able to adjust status: even though there is a waiver of the 2-year foreign residency requirement, it is very seldom granted. If your J-1 visa does not obligate you to live in your country for 2 years after completion of your J-1 program, if you marry a U.S. citizen, and if you have no statutory disqualifications (for instance, criminal convictions), you should be able to adjust status despite getting marries after expiration of your J-1 status.
Answered on Sep 06th, 2012 at 2:06 PM
Bruce A. Coane
Generally, if a person on J-1 marries a USA citizen, and the J-1 visa holder is not subject to 212(e), there should be no issues about whether the J-1 is in-status or out-of-status.
Answered on Sep 05th, 2012 at 11:38 PM