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Forms - time length - and marriage

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palmshores

Guest
What is the name of your state? Florida

---Marrying a J-1 status who is currently in the US---

I have been dating a woman from Bulgaria who is legally in the US with a J-1 Visa.

We plan on getting married very soon and would like to know the best route for this.

These are my questions:

1. She applied for an extension on her J-1 Visa which we should have a decision from immigration very soon. If we were to get married and send out the necessary forms (I-485, I think), would she be able to stay in the US pending review of our paperwork.

2. Simply put: What can we do to keep her in the US? We will be married within 1 month-but that does not necessarily mean that she can stay in the US, right? Not until the paperwork for the Application to Register Permanent Residence has been approved...How does this work?

3. I know that it takes a while to approve the Permanent Residence status...will she be able to stay in the US while we are waiting for a reply, or do we need a separate form/file for this?

4. Will she be able to work while waiting for this to be approved?

5. Travel outside the US is NOT permitted until the paperwork is approved...is this correct?

6. Do you suggest that we have an attorney present during any of this or can we do it ourselves?

Thank you very much for your time and help.
 


nextwife

Senior Member
Sorry I can't help you, we've only dealt with obtaining an I600 visa for my daughter, but wanted to say hello - she is from Pazardzek Bulgaria.
 

Mrowka

Member
Once you marry, you should file form I-130 for her. If you are a us citizen, your wife can inlude her form I-485 with all supporting documents and form I-765 (appl for employment authorization), at the same time. Assuming that her visa is still valid at the time the ins receives the application, she will be able to remain in the us while her case is being processed. She will also receive work authorization, but it takes a few months to process it.
How long the whole process will take depends on where you file.

She will not be able to travel until she is approved for permanent residency. She could apply for a travel document (advance parole), but it is usually granted only in certain circumstances.

And no, unless her situation is more complicated than what you presented, you do not need a lawyer.
The most important thing is not to let her legal status expire before the ins receives and accepts her I-485. It could take a few weeks so this is something you need to take into consideration.
 
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MMM2003

Guest
1. She applied for an extension on her J-1 Visa which we should have a decision from immigration very soon. If we were to get married and send out the necessary forms (I-485, I think), would she be able to stay in the US pending review of our paperwork.

2. Simply put: What can we do to keep her in the US? We will be married within 1 month-but that does not necessarily mean that she can stay in the US, right? Not until the paperwork for the Application to Register Permanent Residence has been approved...How does this work?

Your question 1 & 2 need a suggestion from a lawer because my best knowledge cannot change status from J1 to other without leaving US.

3. I know that it takes a while to approve the Permanent Residence status...will she be able to stay in the US while we are waiting for a reply, or do we need a separate form/file for this?
Parmenent residence application take normally 1-2 years. But to keep her in US like question 1 & 2 need an advise from a lawer.

4. Will she be able to work while waiting for this to be approved?
She can work if she submit I 485 application and after 90 days of the application. Somecases more faster can get documents.

5. Travel outside the US is NOT permitted until the paperwork is approved...is this correct?

During her I 485 application, please submit I131 advanced perole( wellknown as travel documents) and when this documents arrives she can travel with her own risk. Most of the lawers donot recommend to use advance perole to travle outside and safest way is after getting green card travel outside US.

6. Do you suggest that we have an attorney present during any of this or can we do it ourselves?

Free advise from a lawer can get http://www.chat.lawinfo.com
Laurel Scott a woman lawer is giving advise free from that web so please donot hesitate to ask her.
The most important is J1 visa can change to another status without leaving US?
If needs to leave what will be another process to do for her.
If not need just submit I485 package application.
Please go to web http://www.bcis.gov to download and read the instructions for forms and fee. It is immigration web page.
And if you have time you can call to National Customer Service center of immigration 1-800- 375-5283 how to fill out the forms and whrere to file by using many options.
Hope this help and widh you good luck.
 
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phwl

Guest
palmshores said:
What is the name of your state? Florida

---Marrying a J-1 status who is currently in the US---

I have been dating a woman from Bulgaria who is legally in the US with a J-1 Visa.

We plan on getting married very soon and would like to know the best route for this.

These are my questions:

1. She applied for an extension on her J-1 Visa which we should have a decision from immigration very soon. If we were to get married and send out the necessary forms (I-485, I think), would she be able to stay in the US pending review of our paperwork.



2. Simply put: What can we do to keep her in the US? We will be married within 1 month-but that does not necessarily mean that she can stay in the US, right? Not until the paperwork for the Application to Register Permanent Residence has been approved...How does this work?

3. I know that it takes a while to approve the Permanent Residence status...will she be able to stay in the US while we are waiting for a reply, or do we need a separate form/file for this?

*A: I am not 100% sure regarding the J-1 visa, but with other visas such as the B-2 (visitors visa), as long as the person entered the US legally, and they get married, they can stay inside of the US while their application for adjustment is being processed.

4. Will she be able to work while waiting for this to be approved?

*A: Yes, she can work during this time by having an EAD (empliyment authorization document) issued to her. I would suggest filling out the work authorization form and submitting it together with the I-485. Usually, you will get the work authorization within 90 days. If not, you can go to a local BCIS office and have it issued to you in person.

5. Travel outside the US is NOT permitted until the paperwork is approved...is this correct?

*A: Travel outside of the USA is possible with something called "Advance Parole" However, re-entry into the US even with an advance parole stamp is not guaranteed. I have known some people that were denied entry. Unless it is an emergency, I would advise against it. But, it is possible.

6. Do you suggest that we have an attorney present during any of this or can we do it ourselves?

*A: It is not necessary or required to have an attorney file your application. I would however, suggest it if it is within your financial means, since this is an important event, having an attorney present for the interview is advantageous.

Thank you very much for your time and help.
 
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moniques

Guest
O cmon now, an attorney? , you can do it yourself, the application are self explanatory, as long as everything is legal you guys wont have problems. The only thing i would check on is that J1 status, is that cool to get married being on that visa, although i dont see why not, but i would get a legal advise on that one and then do it yourself. Attorney fees are freaking high plus all the applications fees.
 
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phwl

Guest
Yes, you can absolutely fill out and submit the required forms on your own. The fees are high enough.
 

Mrowka

Member
One point to keep in mind....

Since your girlfriend is a J1 exchange visitor, you have to find out if she is subject to a 2 year foreign residence requirement or if she is eligible to get a waiver.
Generally, as MMM mentioned, J1 visitors have to go back to their country to live for 2 years before they can apply for a different immigrant or nonimmigrant status.
One of the eligibility cirteria for a waiver is having a US citizen spouse or a child and being able to show that it would cause them extreme hardship if the J1 visitor had to leave for 2 years.
So if you get married while she is still in a valid J1 status (=she gets her extension) you should be able to use that and you should be ok.
 
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palmshores

Guest
Mother

We plan on getting married on February 14th 2004.

We would really like to have her Mother be at the wedding (here in the U.S.). Her Mother is a Bulgarian citizen. Which forms should we file in order to get her Mother here in the U.S. for approx. 5 days.

I know that this is quite a short notice, but hopefully it will work out.

*I tried calling the US immigration 1-800 number for information on this topic...the man on the phone was extremely rude and did not answer any of my questions. I can't believe how rude and inconsiderate he was. *

Do we need to file a petition of some type for her Mother?

Thanks for your advice.
 
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phwl

Guest
The best thing you can do is draft a letter stating her mothers name, DOB, place of birth, occupation.....etc.....and explain why she needs to visit the US, and that you will guarantee her expenses and so forth during her stay here. Minimally, have the letter notarized. Ideally, have this letter stamped at the Bulgarian embassy/consulate here. Mail this letter to her and she can bring it with her to the US embassy when she applies for a visitors visa. The US if are allowing visitors visa's, want to know that this person will not become a burden to the US and that this person fully intends to return to his/her country before the end of the alloted time. There is usually a bit of a wait, so I would do this quickly. I don't know of a better way. Good luck!
 
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palmshores

Guest
phwl: That sounds like a good idea. Should I mail this letter to the Bulgarian embassy/consulate here - where would the letter go from this point (back to me and then to her Mother?)

I will start writing this letter tonight and see if it works for her, I will let you know. I really appreciate your advice and this great forum.
 
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palmshores

Guest
Working

Another question:

After we are married, we are going to send out a work authorization form. When this is approved, will she be able to work anywhere? She is currently holding a J-1 status which limits her employment places to hotels, restaurants etc. It is unfortunate because she has a four year degree (from Bulgaria) and has great leadership skills. I am hoping that she will be able to obtain a job that she enjoys after we are married and have the paperwork squared away.

Thanks again.
 
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phwl

Guest
1. If you can, it is much better if you go to the Bulgarian embassy in person, this way you can explain the situation and they can stamp it for you right there. If you mail it, a. it will take longer and b. this type of thing is not a "standard thing" they deal with every day and so is better done and explained in person.

2. After you are married, you will want to file to adjust her status to a permanent resident by filing form I-485 and I-130. At the same time, you can file form I-765 for work authorization. With this EAD (employment authorization) she will be able to work lawfully. As far as what kind of job she can get...... that is dependent on many factors. If however, she is a professional such as a nurse or physician, she must deal with other agencies (such as credential verifications and licensing) before becoming eligible to work in that profession.
 
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palmshores

Guest
I am typing the letter now and want to be sure that I include all necessary information. What do you suggest that I include in the letter?

Thanks
 

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