I am in the US as a J-1 Research scholar, two-year rule does not apply. My wife is a US citizen. I last entered the US in January, under J-1 status, the wedding took place in April. My visa and I-94 expired on May 31, but before the expiration I had my DS-2019 renewed for one year, so I am still legally in the US as J-1. We are now submitting the forms for Visa Petition and for Adjustment of Status. Should I include my new DS-2019 as proof that I have not overstayed my J-1 status?
2 Answers from Attorneys
Yes, you absolutely should submit the new DS-2019 along with the immigrant visa petition.
Yes, you can and should include that, although an overstay when married to a US citizen will not be an issue.
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