It is possible to change my status?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption