Allowed to stay in the US during process

[andi]

Hi,

I'm not sure if I have to leave the country between the date my visa (J1, without a 2 year home country requirement) expires + grace period (it expires today, so grace period ends April 30) and when I actually gets a greencard.

I got married to a US citizen and filled all forms (i-130, i-485, g-325a, i-131, i-765 and i-864) and sent in everything together the beginning of February this year. I received a letter with my appointment for taking my fingerprints and a letter, that my wife has to send in her tax return forms, which we forgot. We sent them now the tax return forms, but I haven't yet an approved i-130.

My question is now, if I can stay in the country past my i-94 + grace period, since we initiated the process of status adjustment, or do I have to leave and start a consular processing.

Thanks for answers!

[lionofafrica]

Allowed to stay in the country

Hello if you are on a J1( exchange visitor visa) you will have to leave the country for 2years even if you are married to an American, unless you are able to get a H1-H3 visa to tide you over for the 2years. However you said that you are exempted from the 2years homeland return(to your country of origin) if that is the case as soon as your I-130/I-485 is accepted( with receipt date from USCIS), you no longer accrue any unathorized period until your application is adjudicated. i.e you have no status but you are not an illegal neither are you legal( don't be scare it is the law-- ie you are allowed to stay until the case is decided). But if you are denied then those periods will be counted against you, if denied for any other reason, like eligibility etc.


Lionofafrica