I’m from Serbia and currently living in Alabama. I came to the U.S. on a J-1 visa for a cultural exchange program, but it expired months ago and I didn’t go back. I’ve since met someone, and we’re planning to get married soon. I heard that overstaying on a J-1 might create problems when trying to get a green card, especially if the visa had a two-year home residency requirement. But I’m not sure if that rule applies to me. How does this affect my chances of adjusting status after marriage to a U.S. citizen, and what should I watch out for?

Question

Lalita Chakraborty · Accepted Answer

If your J-1 visa came with a two-year home residency requirement and you didn’t fulfill it or get a waiver, it could block adjustment of status. You’ll need to confirm whether that rule applies in your case.

Nkosinathi Ndlovu · Answer

Many J-1 holders don’t realize that not all programs carry the two-year rule. If yours doesn’t, you might still be eligible to adjust after marriage, even with the overstay. It all depends on your program details and visa stamp.

Mahboubeh Mahboubeh · Answer

The two-year foreign residency rule is serious, it prevents you from getting a green card unless you go back for two years or get a waiver. The good news is, not every J-1 visa includes that requirement. Check your DS-2019 form and visa stamp to be sure. If it applies, you’ll need to request a waiver before filing anything. It’s best to talk to an immigration lawyer early to avoid costly mistakes.

Abeni Stanković

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