Can i marry a permanent resident of usa

Question

im currently an au pair and i would like to marry my bf who is a permanent resident of usa for 28 years. he plans on getting his citizenship soon.my visa is still valid for another year but my programme ends in november. can i marry him and stay here and i can file the i-130 forms.what would i need to do to get things started. the 2 year rule does not apply to me in my visa. please help

Answer 1

This question a very simple. Your program ends in November. A J-1 nonimmigrant has 30 days from the program end date to depart the U.S. so you have 30 days beyond the program end date (not the visa date).

You can marry your boyfriend. He can submit form I-130 on your behalf. You cannot remain in the U.S. beyond the 30 days from the last day of your program.

On the I-130, your boyfriend can designate which consulate outside the U.S. will be the one where you will apply for the immigrant visa. You cannot adjust status. There are no immigrant visa numbers immediately available in the classification for which you would qualify if you two get married.

There would be a long waiting period before you receive an immigrant visa. If your boyfriend becomes a U.S. citizen, then the waiting period would be reduced substantially, but for now, if you married, you would be classifible as the spouse of a permanent resident.

Answer 2

This question is so complicated that if I were you, I wouldn't risk getting bad advice here from someone that doesn't know any better.  You need an immigration attorney.  Some consult on a low-cost or no-cost basis, so look around and find someone who can offer you legal advice.  

Because a mistake can s***w up such a big thing, like your living situation, you absolutely must get legal advice from a professional.  I had a friend who's husband screwed up their immigration situation, which is why he still lives in Somalia while his wife and children are here in the U.S.  Don't let that be you!