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Immigration Issues/I-130 Petition and marriage to U.S. Citizen

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Question
I am a German citizen and came to the US as a short term scholar with a J1 visa at a university for 6 months and my visa expires at the end of this month (March). I then have another 30 day grace period to leave the country. As things are I got married this month to a US citizen, but we havenít filed the paperwork yet. Additionally, I would also like to continue my work here at the university and could be sponsored by the university as a Research Scholar on a new J1 Visa. My question is: What is the best way to follow to not be stuck neither here in the US nor in Germany for months without being able to travel back and forth?

Answer
Hi,

Since you are an "immediate relative" based on marriage to a U.S. Citizen, both the I-130 petition ("petition for alien relative") as well as adjustment of status application (Form I-485) can be filed concurrently along with related applications such as employment authorization and advance parole document applications to allow for employment and travel while the sponsorship paperwork is being adjudicated by the USCIS. You will not need to depart the U.S. at all.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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