Marriage status

[Viky]

Ya imeyu visy J1 i sobirayu vuyte zamyz za grazdanina Ameriki.
Kakie dokymentu ya dolgna predostavit posle zamyzestva i chto mne nado podat v imigracionnyuy slyzby dlya izmenenie moego statusa.

Bydy blagodarna za otvet.

[Svetlana Boukhny]

Are you subject to the 2-year home residency requirement under your J-1 visa? If so, you will first have to either satisfy that requirement or obtain a waiver of that requirement; without that, you will not be able to get a green card even based on marriage to a US citizen.

[Viky]

Thank you for your answer. Iam not a subject to the 2-year home residency requirement under my J-1 visa and thats why I would like to know how is paper work going after marriage.

I will be thankful for your answer again.

[Svetlana Boukhny]

If you are not subject to the 2-year home residency requirement from your J-1, and you marry a US citizen, after the marriage, you can file the I-130/I-485/G-325 packet, along with all the supporting documentation and I-765 and I-131, if applicable, to the USCIS local office where you are both residing. Depending on the local processing times at that office, you will then be called in for an interview in about 9 months-1.5 years (times vary from office to office) and if the immigration officer is satisfied with all the documentation and the bona fide nature of your marriage, your passport will be stamped with the conditional permanent resident stamp. You will then have to submit another form, two years after the grant of conditional residency (within 90 days of the 2-year anniversary of granting of the stamp) in order to remove those conditions and receive a free and clear permanent residence stamp.

If at the time of your initial interview, you will have been married for more than 2 years (this is a possibility in those local offices that take a long time to schedule the initial interview) you will be given an unconditional grant of permanent residence right away and there will not be any need to remove the conditions later.

Hope this helps. If you have any additional questions, please let me know.

[справочник]

If you are not subject to the 2-year home residency requirement from your J-1, and you marry a US citizen, after the marriage, you can file the I-130/I-485/G-325 packet, along with all the supporting documentation and I-765 and I-131, if applicable, to the USCIS local office where you are both residing.

Хочу добавить, что это не всё. В обязательном порядке нужна форма I-864, а также медицина - I-693, но её можно сдать позже. Кроме того, поскольку подача идёт concurrently, то первой в списке должна быть I-485, и именно в тот офис, который рассматривает эту форму надо посылать остальные.

[Viky]

Yvagaemaya Svetlana!
Skazute pogalusta, mne lytshe oformlyat dokymentu samoy, v imigracuonnuyu slyzby ili vse taki vzyat advokata, chob on mne pomog. Chto vu mogetye mne posobetovat?

Posle kotorogo vremeni, ya bu smogla vernytsa domoy, v otpysk?

[Svetlana Boukhny]

This is completely up to you. There is no requirement that you use the services of an immigration attorney to file your petition to the USCIS and you do not get any favorable treatment if you do. When you retain an immigration attorney, you are paying for the accurate, timely drafting and submission of your petition and follow-ups with the USCIS. However, you can file all the documentation by yourself if you feel confident enough about doing this accurately on your own. If you have any additional questions, let me know.

[Viky]

Dear Svetlana, as I understood after marriage I need to go to local Immigration Agency and fill the I-485 and another pakage of forms? is it poosible that my mother could visit me or it will be problem?
Because I can`t leave the country untill I will get stamp in my passport that I can leave and come back, so I would like to see my mom.

Hope to hear from you soon.
Thank you !

[Lovely]

Dear Svetlana, as I understood after marriage I need to go to local Immigration Agency and fill the I-485 and another pakage of forms? is it poosible that my mother could visit me or it will be problem?
Because I can`t leave the country untill I will get stamp in my passport that I can leave and come back, so I would like to see my mom.

Hope to hear from you soon.
Thank you !

Generally speaking, it depends on many factors. First of all, I need to know whether you have overstayed your current statuss or not. If not, then you will be able to travel outside the US once your passport is stamped. If you either spent more time in the US than was authorized or have been working unlawfully during your stay then I would strongly recommend you to wait until your plastic GC has arrived.

Furthermore, I would say it is highly unlikely that your mom's visa application will be approved. According to the statistics, most non-immigrant visa applications are refused nowadays. However, it is worth trying anyway.

As far as I understand, you are supposed to be submitting all requested forms / documents for AOS by yourself. Perhaps the following information might be very helpful:

http://uscis.gov/graphics/howdoi/LPRApplication.htm

http://uscis.gov/graphics/howdoi/legpermres.htm

All the best,
Lovely

[Floridian]

Ну, если верить статистике посольства США в Москве, то отказов по неиммиграционым визам нынче 22 процента. Много?http://www.temadnya.ru/spravka/13may2002/1315.html Dear Lovely, избегайте безаппеляционных заявлений вроде этого.... :D

According to the statistics, most non-immigrant visa applications are refused nowadays