Need green card by January 2011, or else?

[sueswan]

My husband is in the US on a J-1 working visa as a post-doctoral research scientist. His J-1 is not subject to the two year residency requirement. It allows him to be in the country for three years, leave briefly to renew, and to return for two more years. He has been here 2 years 3 months so far, and the J-1 needs to be renewed in January, 2011.

We were married in August, 2009, and filed the I-130 in October. It was approved in February. We are currently compiling everything for the I-485, I-864, I-131, I-764, etc. and we hope to have that sent out in the next two weeks.

My question is this: My husband was at the international student's office at the university he works at, and they told him he could not renew his J-1 in January because he had married. Is this true? They also told him that if he doesn't have the J-1, he can't work for them, even if the EAD is approved, because they won't accept that. Could this also be true? If it is, then we really need the green card before then or he will lose his job.

Secondly, I lost my job and I am collecting unemployment. I am also taking care of our daughter, born December, 2009. We rely solely on his income, and we need to use his income to meet the requirement for the I-864. Do you think this will be a problem? His employment is guaranteed through January 2013 as long as he is authorized to work for his university.

Last, he travels to France approx. every three months for work, and he is skipping his trip in June because of the immigration problems, but he absolutely needs to go in September. When will he get the travel document?

We live in New York City. How long do you think it will take for him to receive the green card? Will it happen before January?

Do you think he will receive the authorization to travel before September?

We are trying not to hire a lawyer because we can't afford it, but we will if we have to. Good idea?

Thank you all for your help.

 

[LucyMO]

My husband was at the international student's office at the university he works at, and they told him he could not renew his J-1 in January because he had married. Is this true?

no. Perhaps, they meant his filed I-130 and inability to prove non-immigrant intent because of it.

They also told him that if he doesn't have the J-1, he can't work for them, even if the EAD is approved, because they won't accept that. Could this also be true?

well, if that position is designed for foreign researchers only - perhaps. we don't know his company's rules.

Secondly, I lost my job and I am collecting unemployment. I am also taking care of our daughter, born December, 2009. We rely solely on his income, and we need to use his income to meet the requirement for the I-864.

you may want to look for a co-sponsor (somebody besides your husband).

We live in New York City. How long do you think it will take for him to receive the green card? Will it happen before January?

he may be able to.

Do you think he will receive the authorization to travel before September?

it takes 3-6 months to get it.

 

[Jackolantern]

My question is this: My husband was at the international student's office at the university he works at, and they told him he could not renew his J-1 in January because he had married. Is this true?

It's not being married per se, it's being married to a US citizen. The J-1 requires nonimmigrant intent, and marrying a US citizen is a strong indicator of immigrant intent. So it is highly unlikely the J-1 will be renewed, and if he travels outside the US he risks being refused if he tries to use the J-1 to reenter.

They also told him that if he doesn't have the J-1, he can't work for them, even if the EAD is approved, because they won't accept that. Could this also be true? If it is, then we really need the green card before then or he will lose his job.

If they will accept a J-1 or green card but not accept the EAD, that is probably illegal. Any US job that can legally be done by a nonimmigrant visa holder or green card holder is also legal for somebody with an I-485 EAD, with rare exceptions.

He really shouldn't talk to the International Student Office about this employment eligibility issue, because once he files I-485 he is no longer an international student and the International Student Office will no longer have jurisdiction over him. He should talk to the people who will be making the actual employment decision. When he gets the I-485 receipt he should visit the International Student Office and show them the receipt so they will take him out of the SEVIS system.

Last, he travels to France approx. every three months for work, and he is skipping his trip in June because of the immigration problems, but he absolutely needs to go in September. When will he get the travel document?

If you're referring to Advance Parole, that's normally 2-3 months after filing the I-485 and I-131 (not the 3-6 months stated by the above poster). The green card itself would take about 3-6 months.