J-1 HRR, baby with American. HELP!!

kcopus12345

New Member
My girlfriend and I just had a baby and she is supposed to go back to Indonesia in May. The school has been extremely unhelpful and we have no idea where to start.

Will marrying her make a difference? I was planning to regardless, but I just need to know how this usually works (and IF it works!) :(

Thanks SO much for any help!!
 
First of all, congratulations on your baby! Second of all, you can get married and then apply for her change of status. However, based on you title, she has a 2 yr HRR. She is required to get a waiver from her home country so that she can file for adjustment of status. A waiver is required before a J1 visa can apply for a change of status. Here is a link http://travel.state.gov/visa/temp/info/info_1296.html

Hope this help.
 
You should consider that you may need to reside in her country during her required home residency period since a waiver is not guaranteed.
 
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