J1 to B2, getting marry while on Initial Review!?

soily22

New Member
Hello everybody!
I really hope someone will be able to help!
So here' s my story: I am Italian and I came to the USA on a ESTA the first time from april to the beginning of june 2012 and then again from the end of july to mid october 2012.
I came back again at the end of october on a J1 visa and i worked as Au Pair starting in november 2012 'til September 2013.
In September 2013 i applied to change my J1 into a B2. My j1 was still valid when i applied but, as planned, my sponsor withdrawn it after I mailed my application form to USCIS.

The USCIS received my application on September 11th and mailed me a receipt from the California Service Center on September 13th.
It's been almost 5 months and still nothing!

Meanwhile my bf and I talked about getting marry.

I have no idea what to do! We really love each others and we decided but i am scared of bureaucracy and don't know how to proceed!
I do know about the fees, i know how to read instructions and other things but is it even possible applying for an adjustment of status when i applied for a change of status that is now on "initial review", still?!
If so, would I be able to apply myself or would i mandatory need an attorney?

Thank you very much,

S
 
Is your BF a U.S. citizen? Does your J1 have a 2-year home residency requirement?
Yes, of course he is otherwise my topic wouldn't make sense! :)
No, my j1 didn't have that rule but it has been withdrawn and it would be also expired by now.
 
Yes, of course he is otherwise my topic wouldn't make sense! :)
No, my j1 didn't have that rule but it has been withdrawn and it would be also expired by now.

Well, then your case is pretty normal. As a immediate relative of a U.S. citizen, your current status doesn't matter for applying for a green card. You just have to have entered legally, and don't have the J1 home stay requirement.

Follow the normal steps for applying for Adjustment of Status for the spouse of a U.S. citizen.
 
Yes, but i just looked at the forms and they ask for my current status and i didn't see the option "Temporary out of status" or "change of status pending", how do i do? How will i answer all the questions regarding my visa status?? :confused:

Thank you
 
Yes, but i just looked at the forms and they ask for my current status and i didn't see the option "Temporary out of status" or "change of status pending", how do i do? How will i answer all the questions regarding my visa status?? :confused:

Thank you

For that question just write something like "pending change of status".
 
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