Legal Question in Immigration Law in California
Do I need to change my status?
Hello,
I am currently in the US on a J1 visa (which is valid for another year and a half), but plan on marrying my boyfriend who is an American. What is the process when I marry him, do I just send the I-130 in or do I need to change my status?
3 Answers from Attorneys
Re: Do I need to change my status?
You should use an attorney, if you are in Southern California contact my office.
Re: Do I need to change my status?
You'll need to apply for an adjustment of status.
You may find comprehensive information on the process here:
http://www.msclaw.com/Green_Card_for_Spouse.html
Re: Do I need to change my status?
No, you must adjust status to permanent residence which is a package of various forms and other documents, consisting of probably 25 different items. If you are subject to the two year foreign residence requirement, then you must have that waived before you are eligible to adjust status. First thing is to analyze whether you are subject to the waiver and get your waiver in process. They sometimes take a short time and sometimes a long time, depending on the type of waiver you apply for. Not all waivers are granted which is why this is important to have worked out as early as possible. If you don't and you're subject to the requirement, you will end up having some disappointing things happen, like being separated from your U.S. spouse or uprooting him to live with you abroad. It's pretty serious.
For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.
Sincerely,
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization