I am an American citizen who married a Slovenian citizen, and we would like to apply for a green card. We had started the immigration process already with a lawyer but decided not to continue with her services. Currently my husband is a visiting scholar at Columbia University (since December 2015 until December 2017) on a J-1 Visa. Since we are just about to submit the application, we would like to know if we can file the green card by ourselves and if my husband can travel outside the country (he has an important conference interview in Norway between March 13-19 2017) during this period whereby we are awaiting an official response. I am asking this because he prolonged his DS2019 while in the States, and he does not have a valid Visa anymore.
Yes you can file without a lawyer. Assuming your husband is eligible to adjust status, he can get "advance parole" so he can travel while the application is pending.
When you started the process, did you file an I-131?
If yes, then the travel permit should arrive 90 days from filing.
If not, there isn't enough time to get a travel permit ... they take 90 days.
Is he exempt from the 2 year rule?
You can file any immigration petition or application yourself. However, there are many issues that you and your husband need to be aware of which may impact his current J-1 visa status or his eligibility to apply for adjustment of status. You should consult an immigration attorney experienced in family/marriage based immigration matters to discuss specific issues related to your case.
You and your spouse can file for adjustment of status with USCIS on a "pro se" basis. If your spouse wishes to travel abroad while the adjustment case is pending with USCIS, an advance parole document will be required.
I recommend that you review the instructions to all the applicable forms and petitions (FORMS I-130/I-485/I-131/I-765/I-864/G-325) to be filed with USCIS if you decide not to be represented by legal counsel.
Hi - I work with a lot of J-1 scholars and other university faculty & students. I generally tell them that they should be able to file for a green card themselves, assuming there are no criminal issues or unusual circumstances. In your case, you will want to make sure your husband is not subject to the 212(e) home residence requirement. Some J-1s are required to return to their home country for two years before they can adjust status to become a permanent resident. If you are not familiar with the J-1 requirement, contact the university's international office and talk with the J-1 advisor. You can also get information on the U.S. Department of State website.
Travel is going to be an issue. It would be worth talking to a qualified immigration attorney as soon as possible. If your husband doesn't have a valid visa to return with, he will have to get one. He might not have enough time left on his DS-2019 - you need someone who can go over your specific facts. If he has to apply for a new J visa, or other temporary visa, he could have a difficult time getting it approved if he has already filed a green card petition. He might have a difficult time anyway, if immigration officers question him and they find out he is married to a U.S. citizen.
Once you file for a green card, you can file a form I-131 and ask for "permission" to leave the U.S. and return without abandoning the green card application. This is called Advance Parole. Problem is that it could take 2-6 months (estimate) before you get approved. Husband should not leave the U.S. without it once the green card (I-148) application if filed.
Good luck.
