I came here with a J1 visa and is already expired. My fiancé and I are planning to get married, we a living together for almost 3 years. I saw that there are revisions in the USCIS website. How will I start with the process to move on and apply for a permanent visa. Can we apply for the F-130 or the f-1601?
If your ,J status has a foreign residency requirement you will need to obtain a waiver or comply with the requirements of the two-year home residency before you are eligible to obtain resident status in United States. However, since you appear to have been in United States unlawfully for more than 6 months should you depart the United States you will likely have a three-year bar or a ten-year bar on returning to the United States.
If you do not have a home residency requirement with your J status and your fiancée is a United States citizen, it is likely that you are eligible to seek resident status in United States. If this situation is correct you may not need a waiver.
from the information you have provided it is likely that once you are married, your spouse will be allowed petition for you and you will be eligible seek resident status in United States. The process normally takes about 9 months to complete.
You should consult with an immigration attorney to go over the details and make sure you are eligible before proceeding.
1. Meet with an attorney
2. You probably don't need the I-601A
3. You may have a 2-year-return issue
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You do not need I601. First you need to figure out whether you are subject to 2 year home residency requirement. Are you?
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