How To Go from a J-1 Visa to a Marriage-Based Green Card
A J-1 Visa is a part of a U.S. Department of State program which gives foreign nationals an opportunity to work, learn, teach, consult, research and more while in the U.S. The exchange visitor program allows an exchange of knowledge and expertise in art, education, and science in person and through experience and relationship.
J-1 Visa to Green Card
If during your stay in J-1 Visa status, you find yourself in love and discussing marriage to a U.S. citizen or permanent resident, you will need to understand the process for transitioning from a J-1 Visa to a green card through adjustment of status. Specific rules for J-1 Visa holders, especially the home residency requirement, affect whether you need to apply from abroad with consular processing or if you can apply from within the United States.
First you must find out whether the two-year “home residency requirement” applies to you. You must look at both your J-1 Visa stamp in your passport and the form DS-2019 that was issued by your sponsoring agency to make that determination. If the requirement does apply, then you must apply for the green card from abroad through the consular process or apply for a waiver of the requirement. If it does not, then you may be ready to start the marriage-based green card adjustment of status process.
Forms required for adjustment of status from a J-1 Visa to a Marriage-Based Green Card
1. Form I-130, Petition for Alien Relative, and Form I-130A, completed by the U.S. Citizen and foreign national
2. Form I-485, Application to Register Permanent Residence or Adjust Status, completed by the foreign national spouse
3. Form I-864, to prove financial ability to sponsor a green card applicant, completed by the U.S. Citizen .
4. Additional forms may apply
At Hurtubise Weber Law, we are here to answer your questions about the immigration processe. Contact us today to achieve all of your immigration goals as stress-free as possible.