J-1 to Green Card - 2 questions about "limbo" status(es)

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BigMatza

New Member
My first post-- please be kind :)

I am a USC, and my fiancee is here in the US, on her second (and final) year of her J-1 visa, which expires in June 2010. FYI, she is NOT subject to the "2-year requirement".

QUESTION 1: My fiancee was required to get a state driver's license in June 2009, after her international driver's license automatically became invalid (1-year limit). The state only granted validity on the license for as long as her papers stated she'd legally be here (therefore, it expires in June 2010 also). Assuming we expedite our marriage plans, and file the GC application ASAP, at what point during the application process should she be eligible to "renew" her state driver's license?

QUESTION 2: She was initially planning on changing status to F-1 for a graduate program beginning in late August 2010. Unfortunately, her J-1 ends just a little too soon for a legal change of status, and thus she would have to return to her home country for a little while before coming back for her F-1. This adds a lot of cost and complication, and I think it would be in our best interest to accelerate our marriage plans, and file for a GC ASAP (instead of an F-1). Given that she probably won't get her GC before school starts, at what point during the GC application process WOULD she be eligible to take classes? Might she be forced to miss the whole semester due to the timing of all this?

Many thanks!
 
BigMatza said:
My first post-- please be kind :)

QUESTION 1: My fiancee was required to get a state driver's license in June 2009, after her international driver's license automatically became invalid (1-year limit). The state only granted validity on the license for as long as her papers stated she'd legally be here (therefore, it expires in June 2010 also). Assuming we expedite our marriage plans, and file the GC application ASAP, at what point during the application process should she be eligible to "renew" her state driver's license?
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She should be able to renew her DL when she gets her EAD (Employment Authorization Document). Or if you file her GC now, she should get her GC after about 3 months. Then she can use her GC to renew her DL.
 
swtblcn23 said:
She should be able to renew her DL when she gets her EAD (Employment Authorization Document). Or if you file her GC now, she should get her GC after about 3 months. Then she can use her GC to renew her DL.
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Wow... I didn't know processing times were so short now. In the "DIY" thread here, the sigs I've seen show 7-9 months. Great news... thanks!
 
BigMatza said:
Wow... I didn't know processing times were so short now. In the "DIY" thread here, the sigs I've seen show 7-9 months. Great news... thanks!
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Based on my timeline, I got my GC in less than 3 months. See my signature. Remember that it's a case to case basis. All cases are different. I entered the US on a J1 visa also like your wife. God luck!
 
BigMatza said:
Wow... I didn't know processing times were so short now. In the "DIY" thread here, the sigs I've seen show 7-9 months. Great news... thanks!
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Average seems to be about 5 months these days. Some get it in under 3 months, but that's because they are lucky.

In some states, they will allow renewing the license based on the I-485 receipt (which is issued with a couple weeks), so it may not be necessary to wait on the EAD or GC. Check your state's DMV for details.
Given that she probably won't get her GC before school starts, at what point during the GC application process WOULD she be eligible to take classes?
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She can attend classes as soon as she has the I-485 receipt. Qualifying for in-state tuition rate is another matter though.
 
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My case was 5 months total (still waiting on the GC in the mail) but that included a RFE and 2 month delay for rescheduling the interview.

Driver's license can be renewed once she gets her EAD, but it will only be valid for one year (depending on your state). However, once she gets her GC, that won't be a problem.

As Jack said, she'll be fine to attend classes, but unless she has a job, she won't be eligible for in-state tuition until she has lived the area for at least one year (not including the time spent while on her visa).
 
I read some where that J-1 visa's have 30 days to leave the country once the program expiration date on their DS-2019 has passed. The June 2010 date is that the date of her DS-2019 or the visa in the passport?

I should of clarify that the J-1 status is dependent on the DS-2019 and the expiration date on it, not the visa in the passport which must only be valid at the time the person attempts to enter the country.
 
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visa has nothing to do with the expiration of her status. It's just a permission to enter the US. Her status duration is defined by her DS-2019.
 
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