Long Lake, MN asked in Immigration Law for Minnesota

Q: Hi I have a question about changing my status and applying for green card based on marriage.

I'm from South Korea 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 it for one more year. So I was going to be done 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.

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 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.

And two year rule doesn't apply for me. 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 ?

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: If the 2 year return home rule does not apply then you can. The K visa application you filed would be rejected as invalid. The fiancé visa is for foreign national fiancés living abroad who would be processing at their home consulate. You live here so you wouldn’t qualify. Retain counsel for your adjustment of status case. Counsel anywhere in the USA can represent you. Good luck!

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