Hi alejovinueza,
The steps for getting married, assuming you are eligible for the
waiver, are as follows. Remember, if your waiver is not approved, you
will have to fulfill your 2 year home country residency requirement
and leave the U.S. Therefore, the most important step for you right
now is obtaining the waiver and that will basically come down to
whether or not you can get the no-objection statement from your
embassy, and making sure you follow the steps correctly with the U.S.
government. If (when) your J-1 visa expires, you will not be deemed an
"illegal alien" for up to 180 days after the expiration date. Within
that 180 days, you will find out whether or not the waiver will be
granted. If it is, you'll be fine but if not, you'll have to leave the
country. Although you could get married now and take your chances, I
think a wiser course would be to wait for the waiver to be approved
before getting married.
1) Apply for the waiver and wait for approval
2) Get married
3) File Form I-130 & I-485 concurrently
or
1) Get married
2) Apply for the waiver
3) File Form I-130
4) File Form I-485 AFTER the waiver is approved
>>> J-1 Overview
"J-1 is one of the two "exchange visitor" visa types (the other is Q).
Exchange visitors enter the US for a specific purpose (usually
education or training). Many (but not all) exchange visitors that
enter the United States are subject to a 2-year home country residency
requirement. This means that after finishing their traing/education,
they return to their home country to share the knowledge, experience
and impressions gained during their stay in the United States. Unless
USCIS approves a waiver for this requirement, J-1 exchange visitors
must depart from the United States and live in their country of
residence for two years before they are allowed to change their visa
status. United States Citizenship and Immigration Services (USCIS)
website has more information on Exchange Visitor Visas and obtaining
waivers of the two-year home country residency requirement."
http://mail.med.upenn.edu/~devrim/family/j1.html
Exchange Visitors Visas:
http://uscis.gov/graphics/services/tempbenefits/exchvisit.htm
>>> Waiver
"You MUST have a waiver of J1 requirement before you can apply for
"Adjustment of Status". Therefore, make sure that you know whether you
are subject to the two-year rule. You can check your visa on your
passport, contact your country's consular service or even contact your
local USCIS office before doing anything else."
http://mail.med.upenn.edu/~devrim/family/j1.html
How Do I Get a Waiver of the Foreign Residence Requirement if I am an
Exchange Visitor?
http://uscis.gov/graphics/howdoi/exchvisit.htm
INSTRUCTIONS FOR APPLYING FOR A WAIVER OF THE TWO-YEAR FOREIGN
RESIDENCE REQUIREMENT PERTAINING TO EXCHANGE VISITORS ON THE J-1 VISA
Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)
1) Download Form DS-3035 and mail it along with your "personal
statment" and the $215 fee.
http://travel.state.gov/visa/tempvisitors_info_waivers.html
Complete Department of State Form DS-3035, J-1 Visa Waiver
Recommendation Application Instructions.
* The preferred method for completing the form is to use J Visa Waiver Online.
http://travel.state.gov/visa/tempvisitors_info_waivers2.html
Welcome to J Visa Waiver Online!
"J Visa Waiver Online creates a bar-coded document that will
facilitate processing by the Waiver Review Division. As a result,
processing times will be reduced. Those exchange visitors with case
numbers can submit changes to their contact information or check the
status of their case file.
IMPORTANT: It is not currently possible to "submit" the data
electronically, or to pay any fees online. All documentation and fees
must continue to be mailed to the Department of State."
https://j1visawaiverrecommendation.state.gov/
Instructions for "Personal Statement":
http://mail.med.upenn.edu/~devrim/family/j1-2.html
>>> No Objection Statement (after you have your "case number")
No Objection Statements
Q. How do I request a "no objection" statement and where do I send it?
A. "You may contact the consular section of your embassy in
Washington, D.C., and request a "no objection" statement to be
forwarded to the Department of State on your behalf. The Embassy must
forward the "no objection" statement directly to the Waiver Review
Division at the Department of State. "
http://travel.state.gov/visa/temp/info/info_1294.html#types
>>> File I-130
I-130 Petition for Alien Relative:
"You must first file an immigrant Petition for Alien Relative, form
I-130 for your spouse with the BCIS Office that serves the area where
you live. The BCIS will send you a Notice of Action (Form I-797)
receipt notice. This notice tells you that the BCIS has received the
petition."
http://travel.state.gov/visa/immigrants_types_marriage2.html#3c
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/i-130.htm
>>> File I-485 Application to Adjust Status (to be done only after the
waiver is approved)
I-485 Register for Permanent Residency
Immediate Relatives
If you are the immediate relative (spouse, parent or unmarried child
under 21 years old) of a U.S. citizen, submit the following forms:
* I-485, Application to Register Permanent Residence or to Adjust Status
* G-325A, Biographic Information
* Either your original I-130, Petition for Alien Relative (if you
are filing concurrently)
* I-864, Affidavit of Support
* I-693, Medical Examination of Aliens Seeking Adjustment of Status
* All required supporting documentation as listed on the above forms.
http://uscis.gov/graphics/formsfee/forms/i-485.htm
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
Application Procedures:
Becoming a Permanent Resident While in the United States
http://uscis.gov/graphics/howdoi/LPRApplication.htm
FILLING CONCURRENTLY IF YOU WAIT FOR THE WAIVER TO BE APPROVED
Special Instruction:
"The I-485 in this case may be filed at the same time as the visa
petition (I-130) which is filed by the U.S. citizen or lawful
permanent resident. See your local office "About Us" page for any
special local instructions including any local forms needed to apply
for permanent residence."
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Petition for Alien Relative
"NOTE: If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant resides. "
http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf
>>> TIMELINES
Processing Times:
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eqO8DUrVCaS6
>>> Additional Links of Interest
· Marriage cases. When an U.S. citizen or LPR sponsors his or her
spouse, special evidence is required. The parties must prove the
marriage is not a sham, i.e. not contracted solely to obtain an
immigration benefit. The parties must show they intended to establish
a life together. Typically required evidence may include insurance
policies and joint ownership of property, obligations, income tax
returns, and bank accounts. Spouses of U.S. citizens and permanent
residents, who have been married for less than two years at the time
of a visa application, receive conditional permanent resident that
lasts for two year. Between 21 and 24 months after receiving
conditional status, the conditional permanent resident and spouse must
file an application to remove conditional status."
http://www.bkvisa.com/Family/spouseandchildren.html
IF THE MARRIAGE OCCURS IN THE U.S.
http://www.shusterman.com/marriage.html
USCIS Field Offices by State:
http://uscis.gov/graphics/fieldoffices/alphaa.htm
I hope I've been able to sort this out for you a bit, I know it must
seem daunting. If you have any questions, please post a clarification
request *before* closing/rating my answer and I'll be happy to reply.
Thank you,
hummer
I searched the USCIS website and used my own research on this subject. |
