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J1 Visa Holder Married to U.S. Citizen. Form I-765

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  • 04-20-2010, 10:26 PM
    tbsever
    J1 Visa Holder Married to U.S. Citizen. Form I-765
    Hello,
    I am currently married to a U.S. Citizen and here on a J-1 trainee visa which expires in less than one week. We are in the process of filing our i-765 form(my wife is my sponsor, not employer) and are unsure whether I fall under the category of (c)(9) Adjustment Applicant or K-3 which mentions "Spouse of U.S. Citizen." As far as I understand, a K-1 visa is needed for the K-3 category, which I do not have(I am J-1). Any guidance in this process would be highly appreciated!

    Thank you very much.
  • 04-23-2010, 10:52 PM
    Mr. Knowitall
    Re: J1 Visa Holder Married to U.S. Citizen. Form I-765
    You say that you're in the U.S., and you won't be applying for a fiance visa unless you first leave the U.S.

    If your J1 has a two year home country residency requirement, you'll need to get that waived if you want to qualify for immigrant status without spending two years in your nation of origin.
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