I'm currenty holding a J1 Visa and it gonna expire in February 28th. However, I'm in the process of getting married. My question is, am I allowed to stay in the US while my J1 Visa expires?
It depends. If you file for adjustment of status then you authorized to stay in the U.S. However, if you are subject to the 2-year foreign residence requirement then you are not able to file for adjustment of status unless and until you have gotten a waiver. I suggest having a full consultation with an immigration attorney to discuss your options.
The filing of an adjustment of status application will allow you to stay in the United States until it is adjudicated. However, before you apply for adjustment of status you should consult with an immigration attorney about whether or not you are subject to the 2 year foreign residency requirement (which should be noted on your J1 visa in your passport under your photograph). There are several waivers for the 2 year foreign residency requirement but this waiver must be approved BEFORE you actually apply for adjustment of status; otherwise you will be denied adjustment.
This answer is only for informational purposes and does not create an attorney client relationship. That relationship is only created upon meeting with the attorney in person and secured by an attorney client contract. The informational answer is based solely upon the limited facts detailed here and may not be fully accurate if other information is missing or not correct.
Because you entered the USA with inspection you may remain in the USA and adjust through your immediate relative spouse. HOWEVER, if you are subject to the 2 year residency requirement you will need to fulfill that requirement or obtain a waiver.
I have more than 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. A limited telephone consultation (ITC) is free but must be scheduled.
Your marriage by itself will not authorize you to remain in the U.S.
What is the immigration status of your future spouse?
Moreover, if you are subject to the 2 year foreign residency requirement, you will need to request and receive a waiver in order to adjust status with USCIS.
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