Legal Question in Immigration Law in New York

Re: J1 visa marrying a US citizen

When filing for the adjustment of status you will also need to file for employment authorization. It should be issued within 90 days from filing. During this time, you will not have authorization to legally work in the United States.

You should contact an immigration attorney before filing your case to discuss these details.

Re: J1 visa marrying a US citizen

She will need to apply for work authorization when she applies for her green card. However, she may not be eligible to apply for her green card right away if she is subject to a 2 year home residency requirement (some foreign nationals on J-1 visas are required to return home for 2 years before they are eligible to apply for green cards). You will want to be sure that she is eligible to apply before filing the application.

If you have questions, please do not hesitate to contact my office directly.

Re: J1 visa marrying a US citizen

First thing that must be determined is whether your spouse is subject to the 2 years of foreign residence requirement. If you spouse is subject to the 2 years foreign residence requirement, you will need a waiver of that requirement.

It is important to consult an experienced immigration attorney prior to proceeding with your green card application.