More details to this question:
I am a german citizen with a j1 visa expiring in October 2013 and I am not subject to the 2 year home residency requirement. I am getting married to a US citizen in April 2013. I have heard I might have some problems getting the I-130. If so why? How long does it take to adjust the status?
10 ANSWERS
As long as you are not subject to the 2 year home residency requirement, once you are legally married, your US citizen spouse would petition for you and you would concurrently also file for your adjustment of status to permanent residence.
Answered on Aug 30th, 2012 at 9:33 AM
Thomas J. Rosser
Once you are actually married to the USC in April of 2013 you should proceed immediately to file concurrent spousal adjustment of status petitions (including the I-130). Since you entered lawfully as a J-1 NIV holder, your USC spouse should be able to petition for you as her immediate relative spouse without significant difficulties. You should consult with experienced immigration counsel to handle the rather complex spousal adjustment process (which will take, on average, over a year from date of initial filings to final interview).
Answered on Aug 27th, 2012 at 2:55 PM
Rebecca T White
If you are not subject to the two year home residency requirement, and your marriage is in good faith to a US citizen, you should not need to anticipate difficulties in either the I-130 immigrant visa approval or the I-485 adjustment of status. Assuming all is prepared correctly and well documented, somewhere between 4 - 8 months would be typical from time of filing to adjustment.
Answered on Aug 22nd, 2012 at 1:34 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You should be fine as long as you don't leave the US. You can adjust your status without any problems. The process takes about 3 months if done right.
Answered on Aug 22nd, 2012 at 1:34 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
If your J1 does not entail a 2-year foreign residency requirement, you should have no problem adjusting to a lawful permanent residency on an I-130 Immigrant Petition. The date of approval matters only in regard to your work authorization: you would be able to adjust to the LPR status even if you marry your U.S. citizen spouse after expiration of your present status; but you will not receive work authorization for 3-4 months after your applications packet is accepted by USCIS (if anything is missing in the packet, USCIS will send you a Request for Evidence letter and not resume processing of the applications until you correct all the deficiencies in your submission) .
Answered on Aug 22nd, 2012 at 1:33 PM
Your J-1 status allows you to adjust status to one of a lawful permanent resident without problems if you are not subject to 212(e) but should not be traveling out of the US until you obtained advanced parole.
Answered on Aug 22nd, 2012 at 1:33 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If you entered the country legally and are not subject to the 2-year residency requirement, you can simultaneously apply for adjustment of status along with submitting your wife's I-130 petition after you are married.
Answered on Aug 22nd, 2012 at 1:32 PM
If your family based sponsorship is based on marriage to a US citizen then you need to file the I-130 and I-485 application to adjust stats to permanent residency together. This will stop the clock on any accrual of unlawful status in the US post-visa/status expiration. Certain, more lenient rules regarding the accrual of unlawful status apply to holder of F-1 and J-1 visas however. Feel free to contact me or another immigration attorney of your choice to schedule a consultation so all relevant facts can be analyzed and competent advice given.
Answered on Aug 22nd, 2012 at 1:32 PM
Bruce A. Coane
There should be no real problems if two year foreign residency does not apply. Adjustment in 3-12 months typically, depending on where you live.
Answered on Aug 22nd, 2012 at 1:32 PM
When someone who entered the U.S. lawfully and with inspection (such as with a J-1 nonimmigrant visa) becomes married to a U.S. citizen, the couple can complete the steps together for the foreign national to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). Adjustment of Status involves multiple details, and the filing and approval of a Form I-130 Petition for Relative Alien is just one of them. An applicant with a J-1 visa will have to prove that he/she is not subject to the two-year home residency requirement, or will have to prove that while subject to that requirement the requirement successfully has been waived. The USCIS's Atlanta Field Office (for cases in Georgia and Alabama) lately has been completing adjustment of status cases in approximately four months. When there have been deficiencies in the application process, not only including the initial forms and supporting documents, but also including the adjustment of status interview itself, there can be very long delays (7 - 12 months is not uncommon) or even more problematic consequences. Engagement of an immigration attorney can be helpful in assuring that all steps are properly taken and that the most persuasive and complete set of supporting documents are supplied to the USCIS.
Answered on Aug 22nd, 2012 at 1:31 PM