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Immigration Issues/Marriage with J-1 Visa

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Question
I recently got married to a girl from Russia that is here on a J-1 Visa. Her visa is set to expire at the end of November. She isn't subject to the two year rule on her visa. We are hoping that we will be able to get everything settled without her having to go back to her home country because we know that it'll be awhile before we can get everything completed so she can come back. What would be the best steps to proceed so that she will be able to stay even after her current visa expires? Thanks for your help!

Answer
Hi,

All sponsorship paperwork such as Forms I-130, I-485, I-765, etc. can be filed concurrently based on marriage to a U.S. citizen. Your wife does not need to depart the U.S., although I recommend that all sponsorship paperwork be filed before her J1 status expires. She will receive employment authorization document (EAD) and will be able to adjust status in the U.S. since she is not subject to the 2-year home country requirement. The applications and petitions can be obtained from the USCIS website, but I recommend going through an attorney specializing in immigration law to maximize the probability of a smooth immigration experience for your wife.

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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