Need Help - In confused state, about to lose my head

[zaragyemo]

-I am here on J1 visa with 2 year foreign residency, I am right now working on getting 2 yr waiver and most probably will be successful. I received no objection letter from my country`s embassy.
-My J-1 visa expires on December this year. Which means I have another 7 months to work on changing my status or whatever.
- I plan to get married to my bf of 7 yrs here in the USA. He is an American citizen

My question is "what is the best way, easiest and cheapest way?" Am I supposed to get K1 fiance visa after we get married? We plan to get married as soon as they waive off my 2 year rule. My logic is that If I marry him once my 2 yr residency is waived off, I am no longer his fiance but his wife.So what should I apply for?
Or is it better than I apply for H VISA right now and then work on marriage stuff later?

thanks for the help in advance

[txh1b]

I don't see any reason for confusion. If you are in US, as soon as you get your waiver, all you need to do is apply for adjustment of status. No visa of any sort needed.

If outside US, you need a K1 visa to come to US and get married within 90 days.

If getting married outside US, you need a spouse visa K3 to enter US and apply for permanent residence.

The last 2 involve additional cost for visa in addition to permanent residence filing costs. Hence, the first option is the cheapest.

[zaragyemo]

re

Thanks for you help, I have been confused because I feel like I don't have enough time.

When you say, I just have to do Adjustment of Status, what kind of adjustment is it? Is it same as adjustment from J1 visa to some other kind of visa? Or does the adjustment say I am married to an american?

And plus my concern is that my J1 visa expires in December, and if i get my 2yr waiver off in say September, and I get a marriage certificate in Oct,and if I file for adjustment of status, does that automatically allow me to stay in USA even though in the process, my visa expires? Do I have to leave the country if my visa expires?


thank you once again

[txh1b]

Adjustment of status is based on marriage to a USC. It gives one permission to stay while the application is being processed. This link should help you.

https://www.immihelp.com/i-485-adjustment-of-status/index.html

[zaragyemo]

re

thank you very much. It`s very helpful.

[zaragyemo]

Yippey!

ok, I have to come to this forum and thank everyone who helped me through this process specially txh1b.

So I came from Nepal to USA on June 29th 2007 on a J-1 visa with 2 year foreign residency requirement. They were only five grounds on which I can apply for the waiver. The one that worked the best for me was "No Objection letter" from my country. I started working on the waiver in Oct 2007. Talked to Nepalese Embassy in DC regarding the same. It took ab't 7 months to get the " No Objection letter" to be send from Nepal Embassy to States Department.

In August of 2008, the No Objection Waiver was approved by the States Department.

Yippey!!!!

And then I worked on AOS, but I will write that on the AOS thread. =)