Q: Hi. I have a question about changing my status and applying for green card based on marriage.
I'm from South Korean and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended the program for one more year. So I was going to be done with the program in May 2020 but then Covid19 broke out. So DOS allowed in-country Aupairs to extend for 2 more months and then 6 more months. So I extended 2 more months and now I just started 6-month extension as well.
And I have a fiancé who is American citizen and we want to get married.
Actually we had applied for K1 visa in March but the embassy is not open in my country so we are thinking just cancel the K1 visa and get married here and change my status.
But my question is... can I do that while I'm in Covid extension?
My J1 visa expired after one year and I've gotten new DS2019 every time I extended so I'm legally in the program.
But I was worried that I might not be able to apply for green card just because I did the covid extension.
Can anyone help me ?
A:
You may remain in the USA and adjust through your USC spouse. Because your adjustment is through a USC immediate relative you will not be charged with any overstay or out of status time.
Your extension remains a lawful status.
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