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Changing Status of J1 year long Visa

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  • 09-12-2010 10:27pm
    #1
    jaxgavo
    Closed Accounts Posts: 6 ✭


    Hi all,


    I've been in the US just a month now on the J1 IWT Visa. I'm living with
    an American girl that I have been going out with for the last 2 years.


    I want to have the opportunity to stay longer than a year if needs be to make
    me more attractive as a possible employee (i.e. I won't be abandoning ship after 1 year). I am not a skilled worker so my chances of getting an employer to sponsor me seem fairly slim.


    What are my options if I get married while on the J1 IWT? I have the possibility of starting a job over the coming 2 weeks. Would my entitlement to work be affected if I got married? Is it a rigorous process to change the status of a visa?

    Thanks in advance,

    Jax


Comments

  • Options
    #2
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    Most likely, you can simply adjust status (=AOS) to become a greencard holder after your marriage, but check if your J1 has a 2 year "home stay" requirement- if so, things are more complicated.

    If you can adjust status, you can continue working for the same employer through the process, and once you have your greencard, you can work for anyone. It is best to wait 90 days or so after you enter the USA until you get married, so it doesn't look like you came to the USA on a J1 to get married and stay (that would be immigration fraud). Be prepared to show both proof of your relationship (photos throughout your relationship, joint bank account, lease, bills etc once married), and proof that you intended to go home after your year on the J1, ie that your wedding was a decision you came to after you got to the USA (enrollment in university in Ireland, bank account, furniture in storage etc).

    Do not leave the USA from when you apply for AOS until you have the greencard in your hand, you may not be let back in!


  • Options
    #3
    jaxgavo
    Closed Accounts Posts: 6 ✭jaxgavo


    Hi Silja,

    Thanks for the reply! I don't unfortunately know if my visa has a 2 year 'home stay' requirement. Would it be foolish to ask my current J1 IWT sponsor (IIC) in case it endangers my current visa?

    If it doesn't have the 'home stay' requirement how would I go about adjusting my status? Would I have to have any specific documents with me i.e. birth certificate?

    I do have photos and e-mails that would corroborate the relationship over the last two years. I don't, on the other hand, have anything solid that would prove I was going to go home after my year. This is mainly due to the fact that I lived at home. I have a bank account at home, but that would be the height of it really. Anyway thanks again for help!

    jax


  • Options
    #4
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    Asking about the home-stay won't endanger your visa; it is a relevant question. If you have your paperwork with you, it probably mentions it in there somewhere, but asking won't hurt you.

    You will need your birth cert, as well your then-wife's birth cert or copy of her US passport. There ius a good guide on what is needed here: http://www.visajourney.com/content/i130guide2


  • Options
    #5
    lonestargirl
    Registered Users Posts: 1,501 ✭✭✭lonestargirl


    jaxgavo wrote: »
    Thanks for the reply! I don't unfortunately know if my visa has a 2 year 'home stay' requirement. Would it be foolish to ask my current J1 IWT sponsor (IIC) in case it endangers my current visa?
    Have a look at the visa in your passport, I am subject to the 2-year rule and mine has an annotation which says "Bearer is subject to section 212(E) Two year rule does apply". Also look at your DS2019, at the botton left there is a section for the 2-year rule with a tick box to say if it applies to you or not.


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