Hi, I’m from Mozambique and I came to the U.S. on a J-1 exchange visa for a research program that just ended. I recently got engaged to a U.S. citizen, and we plan to marry soon. My J-1 visa didn’t have the two-year home residency requirement. Can I stay in the U.S. after my visa expires and apply for a green card through marriage? Or do I have to leave the country first? I want to make sure I do this legally.

Question

Lalita Chakraborty · Accepted Answer

Yes, since your J-1 doesn’t have the two-year home residency rule, you can marry your U.S. citizen partner and adjust your status from inside the U.S. You’ll file both Form I-130 and I-485 together. You don’t have to leave. Just make sure you stay in the U.S. legally until you apply.

Nkosinathi Ndlovu · Answer

You can stay and adjust status, but make sure you don’t overstay without filing. Once your J-1 program ends, you don’t have status unless you take action. It’s safest to get married and file before your grace period ends, so your presence stays lawful. A lawyer can help you file everything correctly.

Anastacio Cuéllar

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