J-1 Visa, Got Married, Applying For GC

K

kinteki

New Member
Hello everyone,

I'm very thankful that I found this forum because I have been searching for answers and the information out there can be very confusing. My J1 visa was issued in June of 2007 and expires on December 24th of this year (only a 1 1/2 year training program).

I got married to my wife, a U.S. citizen, on June 18th of this year. I now want to apply for a green card. From the USCIS website, it seems that my wife has to send in an I-130. Then, once that is approved, I can file for an adjustment of status via I-485. Is this correct? Or can both of these be filed together?

Finally, I read that J1 visas can be problematic because of the 2-year foreign residency requirement. My visa states, "Bearer is not subject to Section 212(e). Two year rule does not apply."

Does this mean that I can send in these forms right away, or do I have to wait for my J1 to expire on Dec. 24th?

So many questions, but if somebody can shed some light on this process I'd be very grateful. Thank you!!

Drew
 
You need to send forms I-130, I-485, I-693, I-864, I-131, I-765 and G-325As (two of these). All together, at the same time to the Chicago Lockbox.

It would be best if you send them before your i-94 expires, that way you would not accrue any illegal presence.

Your visa is exempt of the home residency requirement. So you do not need to obtain a waiver.

You are good to go, file your paperwork and wait for your GC.
 
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