How long does it take to obtain a work authorization?

90 days.

If you are sure you are not subject to the home stay requirement - ( to be sure, your document will have a notation - probably on the lower left hand side) then based on marriage to a U.S. Citizen you should be eligible to adjust status under INA 245(a). If filed properly the packet will include the following forms: I-130, G-325 for each, I-485, I-765, I-131 if travel is desired, and finally the I-864. The filing fee is $1,490 to U.S. DHS. You should receive the Employment Authorization Document (EAD) within 90 days. The AOS interview should follow in about 30-60 days. this process sounds simple but be careful - there a number of areas that could create serious problems for you. Do not go to the AOS interview without an attorney. You should retain a competent and experienced immigration attorney before filing anything with USCIS.

Annotations on DS-2019s and visa stamps concerning the two-year foreign residence requirement of INA § 212(e) are sometimes wrong and are not legally binding. An legal analysis of your J-1 program should be performed to determine whether you are truly not subject to the two-year foreign residence requirement. This should be performed by a lawyer that has experience in J-1 matters. Being subject to the two-year foreign residence requirement creates three legal disabilities that do not go away until you obtain a waiver or fulfill the requirement. These are: (1) you cannot apply for an H or L visa stamp; (2) you cannot apply for a green card; and (3) you cannot apply for an immigrant visa. Assuming you are truly not subject and you marry your U.S. citizen girlfriend, you can apply for adjustment of status (green card). You need to thoroughly document your immigration history. When the USCIS officer sees that you were previously admitted as a J-1 they may require further proof and evidence that you are not subject to the requirement. Occasionally such officers request that you obtain an advisory opinion from the Department of State Waiver Review Division. Unfortunately the Department of State Waiver Review Division tends to find individuals subject to the requirement, even when they are legally not. Such an opinion is not binding on the USCIS, but the USCIS usually agrees with such an opinion. For this reason, I recommend you consult with a lawyer experienced in J-1 matters. They can explain why you are not subject in the application, as well as, accompany you to the interview to further demonstrate that you are truly not subject to the requirement. Brian Schmitt Hake & Schmitt Attorneys at Law P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776 Phone: 410-635-3337 http://www.hake.com/pc/ Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.