adjustment of status -do i need I-601?

[Milica Cubrilo]

hi!
Ive entered US legally, as J1 last summer. got married at the end of my tourist visa month. We have been living together ever since, but since my husband is the only one working, it was hard to save money for the paperwork. anyway, its been 13 months now since I was supposed to go back home... we have finally collected all needed documents and the money, and Im assembling the package, but Im worried now. do i need I 601 form, the waiver of inadmissibility?? i havent been working illegally.

Thank you!

[newacct]

hi!
Ive entered US legally, as J1 last summer. got married at the end of my tourist visa month. We have been living together ever since, but since my husband is the only one working, it was hard to save money for the paperwork. anyway, its been 13 months now since I was supposed to go back home... we have finally collected all needed documents and the money, and Im assembling the package, but Im worried now. do i need I 601 form, the waiver of inadmissibility?? i havent been working illegally.

Thank you!

What do you mean tourist visa? J1 is an exchange visa. Is your spouse a US citizen?

[Milica Cubrilo]

What do you mean tourist visa? J1 is an exchange visa. Is your spouse a US citizen?

Yes, my husband is US citizen.

Yes, student's work visa for as long as contract with an employer is valid, and then a month to travel after.

Department of State's website says:

Travel Grace Period

Following the completion of their program, the period defined on the Form DS-2019, the United States Citizenship and Immigration Services (USCIS) allows participants a 30-day travel period commonly referred to as the "Grace Period." During this 30-day grace period, participants are no longer in J-visa status, and are under the jurisdiction of the USCIS. The USCIS grants this period to allow participants to settle their affairs and to prepare to return to their home countries. Program participants may no longer continue and/or complete exchange activities, nor may they work. Although participants may travel in the United States, it is recommended that they do not travel beyond the borders of the United States as they may not be permitted reentry.

[newacct]

Okay, so you were on J-1. Does your J-1 have the INA 212(e) 2-year home residency requirement?

[Milica Cubrilo]

Okay, so you were on J-1. Does your J-1 have the INA 212(e) 2-year home residency requirement?

No, im not a subject to a 2-year rule, thats what my visa stamp says

[newacct]

Then just do I-130 and I-485 for Adjustment of Status and you're all set.

You have no ban and don't need a waiver. The unlawful presence ban is for accruing a certain amount (180 days for a 3-year ban / 1 year for a 10-year ban) of "unlawful presence" and then leaving the US -- both of those things ("unlawful presence" and leaving the US) are required for this ban. You have neither accrued "unlawful presence" nor left the US. (You haven't accrued "unlawful presence" because you entered on J-1, so were admitted for "D/S", not for a specific date, so you do not automatically start accruing "unlawful presence" by staying past a certain date. This is also moot since you never left the US.)

[Milica Cubrilo]

Then just do I-130 and I-485 for Adjustment of Status and you're all set.

You have no ban and don't need a waiver. The unlawful presence ban is for accruing a certain amount (180 days for a 3-year ban / 1 year for a 10-year ban) of "unlawful presence" and then leaving the US -- both of those things ("unlawful presence" and leaving the US) are required for this ban. You have neither accrued "unlawful presence" nor left the US. (You haven't accrued "unlawful presence" because you entered on J-1, so were admitted for "D/S", not for a specific date, so you do not automatically start accruing "unlawful presence" by staying past a certain date. This is also moot since you never left the US.)

thank you so much! this forum is really helpful and makes this long process easier.