Marriage to a U.S. Citizen on a J-1 Visa?

[Cory172]

Hello,

My wife is on a J-1 Visa exchange visitor. She is not subject to the 2-year requirement. She came to the US on November 29, 2016 and her visa expires on March 19, 2017. I am a U.S. Citizen born in the US. I have no trouble with the law, nor does she. We married on February 14, 2017. The people at the USCIS told us she is able to get her green card due to marrying a US Citizen. We know all the forms we need to fill out, but while reviewing the form I-845, it asks us the following question:

"I am applying for adjustment to permanent residence because:"

and then you choose A-H. I don't know which one it would be. I think it would be "A" but I do not want to make any assumptions, as these are very important documents and need to be taken care of very meticulously. if you post an answer, please explain why it would be this way so I can understand.

Also, the people at the USCIS told us it is preferred that she sends her forms out before her visa expires but I do not think we are going to be able to do it. Is it okay if we send the forms out 1-2 weeks after her visa expires? I am under the impression that as long as she does not drive without a drivers license or do anything that can get her in trouble she will be fine. Thank you in advance for all your help!

[inadmissible]

Form I-485 Part 2 answer is (a) [page 1]
She will be deportable between the time her status ends (which is not when her visa sticker expires) and when her approvable adjustment application is received by USCIS
Get the paperwork submitted as soon as you can

[chriso]

i came with j1 but that was back in 2010..thing is dont let her visa expire..talk
to lawyer n see if you can adjust the status while shes still legal...for me it expired and i was out of
status and i had to use a lawyer and give a good explanation why i remained here and alot of paper
work ..so i had to wait for for section 212 to be removed waited for like 10 months..after it was
appoved then i was told i can file AOS

[newacct]

i came with j1 but that was back in 2010..thing is dont let her visa expire..talk
to lawyer n see if you can adjust the status while shes still legal...for me it expired and i was out of
status and i had to use a lawyer and give a good explanation why i remained here and alot of paper
work ..so i had to wait for for section 212 to be removed waited for like 10 months..after it was
appoved then i was told i can file AOS

This is completely wrong. First, visas are only for entry, and have nothing to do with ability to stay in the US; it is status that determines ability to stay in the US. Second, the it makes absolutely zero difference for Adjustment of Status whether or not the OP's wife is in status or not or how long she has been out of status. She could be out of status for years. It makes absolutely no difference. She does not need to file anything else, and does not need a lawyer. I don't know what your situation was, but it does not apply to the OP's wife.

[Cory172]

This is completely wrong. First, visas are only for entry, and have nothing to do with ability to stay in the US; it is status that determines ability to stay in the US. Second, the it makes absolutely zero difference for Adjustment of Status whether or not the OP's wife is in status or not or how long she has been out of status. She could be out of status for years. It makes absolutely no difference. She does not need to file anything else, and does not need a lawyer. I don't know what your situation was, but it does not apply to the OP's wife.

Thank you!

- - - Updated - - -

Form I-485 Part 2 answer is (a) [page 1]
She will be deportable between the time her status ends (which is not when her visa sticker expires) and when her approvable adjustment application is received by USCIS
Get the paperwork submitted as soon as you can

This helped a lot! Thank you so much!