J1 to AOS

[Jackpenn]

I would like to describe you my case and help us make no mistakes when filling the application.

I am on my 3rd J1 Internship visa. I would usually work during my college break in Europe and then come back to Europe to continue schooling.

I met my fiancee mid-August last year. We dated, I met her family, went to family dinners etc.. I did not really have an intention to stay in the US (especially because I am getting Canadian work visa too) but we decided to stay here for few years until she finishes her nursing school. By doing a research I found out we should file for Adjustment of Status. I am not subject to 2 year home requirement.

We are getting married mid-April. My visa is up end of May. My first question would be about my status after we file the papers. I would be able to continue working for my employer until my J1 visa is up (which is end of May) even though we would file the papers before that date? Do I have to tell my employer and my agency that we are filling for my adjustment of status?

We are getting an apartment together and should move in start of April. We would open joint bank account when we get married. We pictures of us together when we traveled to different places etc.. We would get a family plan for our cellphone plans too.

Do you have any other examples of bona-fide evidence we could provide with our documentation?

For the i-130 I do not really have any other questions. It is just getting few documents and photos. I guess we fill out all the pdf's on our PC and just do the hand signature after the documents get printed.

I have few questions about the i-485.

When I cam to the States last year (end of May) they stopped using i-94 in the paper form. It is web-based form now. I can access it online. Should I just print it out and include it in the package?

What is the cost of doing the i-693? Is there a list of medical institutions that are working with USCIS or I can go anywhere I want? I currently reside in Pennsylvania.

We would file for the i-765 too. How long does it usually take in reality to receive EAD? I think I should apply for the i-131 because we might go to Europe for a couple of weeks?

I do not think we have to include or fill the i-485 supplement A? I do not think we should include the i-601 in our application too?

The i-684, Affidavit of support.

From what I have understood so far we will see new poverty limits for 2014 March 1st. We would be moving in with her sister too to a new apartment. I do not really understand how we should count the household size then? Her sister works and pays taxes just like my fiancee. If my fiancee does not meet the new poverty limit requirements for 2014 for the household size of 2 can my income be counted too then? Do I have to continue working for the same employer after I receive EAD so my income gets counted too? I could ask my employer to employ me again after I receive my EAD.

If you guys have any other suggestions or advises please do share them!

Thank you for your time and help!

[Aryma]

I would like to describe you my case and help us make no mistakes when filling the application.

I am on my 3rd J1 Internship visa. I would usually work during my college break in Europe and then come back to Europe to continue schooling.

I met my fiancee mid-August last year. We dated, I met her family, went to family dinners etc.. I did not really have an intention to stay in the US (especially because I am getting Canadian work visa too) but we decided to stay here for few years until she finishes her nursing school. By doing a research I found out we should file for Adjustment of Status. I am not subject to 2 year home requirement.

We are getting married mid-April. My visa is up end of May. My first question would be about my status after we file the papers. I would be able to continue working for my employer until my J1 visa is up (which is end of May) even though we would file the papers before that date? Do I have to tell my employer and my agency that we are filling for my adjustment of status?

We are getting an apartment together and should move in start of April. We would open joint bank account when we get married. We pictures of us together when we traveled to different places etc.. We would get a family plan for our cellphone plans too.

Do you have any other examples of bona-fide evidence we could provide with our documentation?

For the i-130 I do not really have any other questions. It is just getting few documents and photos. I guess we fill out all the pdf's on our PC and just do the hand signature after the documents get printed.

I have few questions about the i-485.

When I cam to the States last year (end of May) they stopped using i-94 in the paper form. It is web-based form now. I can access it online. Should I just print it out and include it in the package?

What is the cost of doing the i-693? Is there a list of medical institutions that are working with USCIS or I can go anywhere I want? I currently reside in Pennsylvania.

We would file for the i-765 too. How long does it usually take in reality to receive EAD? I think I should apply for the i-131 because we might go to Europe for a couple of weeks?

I do not think we have to include or fill the i-485 supplement A? I do not think we should include the i-601 in our application too?

The i-684, Affidavit of support.

From what I have understood so far we will see new poverty limits for 2014 March 1st. We would be moving in with her sister too to a new apartment. I do not really understand how we should count the household size then? Her sister works and pays taxes just like my fiancee. If my fiancee does not meet the new poverty limit requirements for 2014 for the household size of 2 can my income be counted too then? Do I have to continue working for the same employer after I receive EAD so my income gets counted too? I could ask my employer to employ me again after I receive my EAD.

If you guys have any other suggestions or advises please do share them!

Thank you for your time and help!

Hi, Jackpenn! I'm a J-1 holder as well and might be able to give you some insights.

1- I think yes, you can still work until your due date with your employer, in my case I'm in a trainee program, my last day is tomorrow (2/24) but I sent out my documentation 2 weeks ago (2/8). I would let your employer and agency know about the situation though, but it's up to you.

2- Take a look at the USCIS website, they will let you know what you need to add as to prove the marriage, the I-130 form has instructions.

3- Just print out the I-94, that's all you need to do.

4- The I-693 is free, however you will have to pay the civil surgeon and maybe some vaccines if needed. They also have a list of doctors approved by the USCIS.

5- The I-765 can take up to 90 days, but it varies by case, you can never know for sure. If you have the intention to leave the country while in process, you have to apply for the I-131 Advanced Parole.

6- I'm not sure I can answer that question, I didn't fill any of those forms.

7- I'm really not sure about that one. Please check the I-684 for instructions

These are the forms we sent out. If you fill all these together you'll only need to pay for the I-130, I-485 and Biometric ($535, $1140, $85 = $1760- I sent just one check with the full amount)

G-1145
G-325a (3 copies - 1 from the US Citizen 2 for the Non-Us Citizen)
I-130
I-485
I-864
I-765
I-131
I-693

I'm not a lawyer though, so I'm just sharing what I know from my own experience and I'm still early in the process.

I hope this helps a little