QUESTION
Will I have problems convertin a J1 visa into an I-130.
Asked on Jan 24th, 2011 on Immigration - California
More details to this question:
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).
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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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.
Answered on Jan 26th, 2011 at 12:13 PM
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.
Answered on Jan 25th, 2011 at 6:58 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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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).
Answered on Jan 25th, 2011 at 5:13 PM