It is possible to change my status?
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It is possible to change my status?
I came to the US legally with a J1 visa work and travel visa ( 2 years rule does not apply) but I did not show up at work, so my program was terminated. I meet with my fiancee at that time (a US citizen) and moved in together. I overstayed my visa and 6 months later got married. We want to apply for my green card but I recently found out that I could be accused by entering the country with the intent to get married because I never respected the conditions of my visa. Do I have any options to get legal status here in the US?
Asked on March 9, 2014 under Immigration Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Spouse
If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are
- Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required. Learn more.
- Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F. Learn more.
Fiancé(e)
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
Answer: The above answers your inquiry. I suggest that you consult with an immigration attorney in your locality. One can be found on attorneypages.com.
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