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Marrying a Green Card Holder While on a J1 Visa

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  • 09-04-2013, 11:29 AM
    ArnoldM
    Marrying a Green Card Holder While on a J1 Visa
    Hello,

    I have the following situation. I am currently in the USA on J1 Visa. My girlfriend is also in the USA but she has a Green Card, still not a citizen. I can legally stay in the USA until end of October. My girlfriend and I would like to start our life together and are currently thinking what are our options.

    Because we are both currently in the USA, we would like to get married here. Would that be possible and what are my rights after we would get married?

    I would be very grateful for any help or advice. Thank you all.
  • 09-04-2013, 08:58 PM
    T53147
    Re: Marrying Green Card Holder
    You have no special rights as the spouse of a green card holder. Once your authorized stay expires, you must return to your home country. If she files for you, you will need to follow your priority date to estimate your time of a visa available for you. If you have a 2 year home residency requirement, you must serve it or obtain a waiver.

    All of the information and forms you need are on the USCIS website.
  • 09-04-2013, 11:21 PM
    ArnoldM
    Re: Marrying Green Card Holder
    Quote:

    Quoting T53147
    View Post
    You have no special rights as the spouse of a green card holder. Once your authorized stay expires, you must return to your home country. If she files for you, you will need to follow your priority date to estimate your time of a visa available for you. If you have a 2 year home residency requirement, you must serve it or obtain a waiver.

    All of the information and forms you need are on the USCIS website.

    Thank you. I don't have 2 year home residency requirement on my current visa. What about information that F2A category (spouses and under-21 children of permanent residents) is current for September? Some information says that if I marry soon and file I-485 and the related paperwork and it reaches USCIS before the end of September I can continue to stay while the green card process is pending.

    http://globalnation.inquirer.net/817...er-petitioners
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