AOS after entering as AU_PAIR

[irisha]

Hello,
I look forward some info about changing the status in USA after the marriage with Green Card holder.I have a J-1 visa.Do I have opportunities to stay in USA legally as a wife?
Thanks.

[PraetorianXI]

First if your spouse is only a Green Card holder, you have to wait until a visa number is available for you before you can Adjust Status in the US. Which takes around 5-6 years. You MUST maintain status until then.

If he becomes an US Citizen, then you could file to AOS immediately, as no visa numbers quota is required for Immediate Relatives to an US Citizen.

HOWEVER, J-1 visas are subject to:

Two-Year Foreign Residency Requirement An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

• The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;
• The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);
• The exchange visitor entered the United States to receive graduate medical education or training.

Which means you the alien must return and live outside of the US for 2 years before intending to immigrate. Is this the case?

[hotman]

after interview I- 485 pending what does it mean

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my wife and i had our I 485 INTERVIEW TODAY IN GARDEN CITY, at the end the officer said they have not recieved my background check result as yet, even though i already recieved my EAD and they wrote A **** **** * I-485 pending GCU. 9/5/07 their signature and told me i will recieve notice in mail what does this mean