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Permanent residency through marriage

Asked over 2 years ago - Seattle, WA

Immigration Immigration & Marriage Marriage Permanent Residence

Hello, I have been in the states for almost 11 yrs and entered the country in high-school on J-1 which expired after 6 months. I finished college, even had an I-20 from the school but was afraid to leave and apply for F-1 because I may not have gotten re-entry.I received a vailid Social Security # from the school. Recently me and my girlfriend who is a US citizen just got married and I was wondering what are my chances of receiveing permanent residency. Also what do I need to bring to the interview with an immigration officer as proof that we are a couple. We have the wedding certificate and a lot of pictures even from the past (5-6 years ago), however we are waiting to have the wedding when we go to my home country since she has a very small family here. Would that be a problem?

Additional information
I have been out of status for almost 10 and a half years, we have the marriage license from the states, but want to do the actual wedding at my home country AFTER i get the permanent residency. Would that be viewed as suspicious? What documents would we need to bring for the intervew? We have pictures, leases that we leave and have lived together in the past, we just recently opened a bank account as well.

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Attorney answers (3)

Vidal Luis Cordova Jr.

Reputation Level 8

Answered over 2 years ago. Immigration Attorney in La Jolla, CA.

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Careful on leaving the U.S. as based on your fact pattern, you may not be able to re-enter. Sounds like you have overstayed in the U.S. for over a year, which would trigger the ten-year bar to your being readmitted. You should not leave the country. Whether you can adjust in the U.S. will depend on whether you were subject to the 2 year residency requirement under your J-1.

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Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

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I agree with Mr. Cordova, it would be sheer foolishness to leave the country while out of status and expect you can walk back in unhindered. Also I was little bit unclear about waiting to have the wedding but being already married? Does that mean you have a marriage license but have not yet wed? In that case, you are not married at all.

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Rebecca T White

Reputation Level 9

Answered over 2 years ago. Immigration Attorney in Seattle, WA.

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The main issue here will be whether you had a two year home residency requirement on your J visa or not.

If you did, you need to obtain a waiver first. If you did not, then the filing of the I-130 and I-485 after your marriage should be fine to obtain adjustment of status (a greencard).

It is critical, as noted by the other responses, that you not leave the US until you have obtained a greencard. If you leave now you will be barred from reentry for ten years.

However, it sounds as though you have had a legal marriage and are interested in having the wedding ceremony in your home country. It is fine to have the legal marriage here and then later plan the wedding celebration - just don't leave the US until you have your greencard.

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