change of status

The question is whether your J-1 visa is bound by a two-year foreign residence requirement. If so, you would either have to satisfy it or waive it before you could apply for an adjustment of status to permanent residence. I assume that your J-1 stay expires in 2016 (instead of 2015 as you have stated in your facts) and that your grace period allows you to remain until February 9, 2016. I suggest that if you are not subject to the two-year requirement, you and your husband can begin the process and you can file adjustment of status papers to the Chicago lockbox of U.S.C.I.S. If you are still subject to the two-year requirement, you would hold off on the adjustment of status paperwork until you have cleared yourself of it. I note that an individual who has been inspected and admitted and who is now out of status is still allowed to adjust status to permanent residence if married to a US citizen as long as otherwise qualified.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.