The J-1 visa is a temporary, non-immigrant visa designed for individuals participating in work-and-study-based exchange programs in the United States. Because the J-1 is not a “dual intent” visa, applicants cannot enter the country with the intention of obtaining a green card.
If a J-1 visa holder participates in activities that suggest permanent immigrant intent—such as marrying a U.S. citizen or starting a green card application—within 90 days of entry, immigration authorities may view this as misrepresentation of intent.
To remain in the U.S. and apply for permanent residence, many individuals must first secure a J-1 waiver, which removes certain restrictions and allows them to adjust status while staying legally in the country.
At Green Card Link, its immigration attorneys help J-1 visa holders understand every step of this process, from obtaining a waiver to adjusting status through marriage. The goal is to help you transition successfully to permanent residency without errors that could jeopardize your future in the United States.
Transitioning from a J-1 Visa to a Green Card Through Marriage
While it’s possible for a J-1 visa holder to marry a U.S. citizen or lawful permanent resident, marriage alone does not automatically grant permanent resident status. Several key steps must be completed to make the transition lawful and successful.
Once the J-1 waiver is approved, the process generally proceeds as follows:
- The U.S. citizen or permanent resident spouse files Form I-130 (Petition for Alien Relative) on behalf of the foreign spouse.
- After the I-130 is filed—or once it’s approved—the foreign spouse files Form I-485 (Application to Register Permanent Residence or Adjust Status).
- If the petitioner is a U.S. citizen, the I-130 and I-485 may be filed together.
- If the petitioner is a green card holder, the I-485 must wait until after the I-130 approval.
Because even small mistakes in documentation or timing can lead to delays or denials, working with an immigration attorney at Green Card Link ensures your petition is handled with precision and care.
J-1 Visa to Green Card Requirements
Many J-1 visa holders see marriage to a U.S. citizen as their pathway to permanent residence. While this is legally permissible, the home residency requirement must first be met—or waived—before applying for a green card. This step is critical and often misunderstood.
The Two-Year Home Residency Requirement
Most J-1 visa holders must return to their home country for at least two years once their program ends before applying for any immigrant or nonimmigrant visa in the U.S. This requirement ensures that participants bring the knowledge and skills they acquired back to their country, fulfilling the cultural exchange purpose of the J-1 visa program.
This rule applies to those who:
- Participated in government-funded exchange programs (financed in full or in part by the U.S. or their home government).
- Completed graduate medical education or training under a J-1 visa.
- Studied or worked in areas listed as specialized skills or knowledge needed by their home country.
For example, while Canada is not currently listed as requiring specific skills, countries like India often have skill shortages, meaning most J-1 holders from such countries must comply with the two-year return requirement.
Determining Whether You Are Subject to the Requirement
Not every J-1 visa holder must fulfill this home residency rule. To confirm your eligibility, review your Certificate of Eligibility (Form DS-2019). The lower left section of this form clearly indicates whether you are “subject to” or “not subject to” the two-year residence requirement. You can also confirm by checking the visa issued by the U.S. consulate.
If your DS-2019 form shows that you are “not subject to the two-year residence requirement,” then no waiver is needed before adjusting your status. However, if you are subject to it, the experienced immigration attorneys at Green Card Link can help you file a J-1 waiver efficiently and lawfully to keep your U.S. residency goals on track.
Start Your J-1 to Green Card Journey Today
Converting your J-1 visa to a green card is a life-changing step—but one that requires meticulous planning and legal strategy. At Green Card Link, its dedicated immigration attorneys will guide you through every phase, ensuring your application complies with immigration regulations and maximizing your chances of approval.
Take the first step today—schedule a consultation with Green Card Link to explore your eligibility and begin your transition toward permanent residency in the United States.
How to Apply for a J-1 Visa Waiver
Applying for a J-1 Visa Waiver allows eligible applicants to remain in the United States while they adjust their immigration status toward obtaining a green card. Below is an overview of the common bases on which this waiver may be granted.
Common Grounds for a J-1 Visa Waiver
- No-Objection Statement: A formal statement from your home country’s government indicating that it does not object to you remaining in the U.S. and potentially applying for permanent residency.
- Exceptional Hardship: If your U.S. citizen or lawful permanent resident spouse or child would experience exceptional hardship should you be denied a green card and required to return to your home country.
- Persecution Concern: If you can demonstrate that you would face persecution in your home country based on race, religion, or political opinion.
- Request from a U.S. Federal Agency: When a U.S. federal agency expresses that your continued stay in the country serves the agency’s interests.
- State Public Health Request (Conrad 30 Program): When a designated state public health department requests a waiver on your behalf to serve in medically underserved areas.
Keep in mind that your J-1 status cannot be extended beyond the program end date listed on your DS-2019 form. If your waiver request is denied by the Department of State and your DS-2019 period has not expired, your best option may be to apply for a program extension. For personalized assistance, contact the immigration attorneys at Green Card Link, who can guide you through every step of the process.
No-Objection Statement Requirements
If your J-1 visa does not include the two-year home residency requirement, you may be able to adjust your status immediately after marrying a U.S. citizen. You must submit all necessary forms and fees—such as Form I-485 (Application to Register Permanent Residence or Adjust Status)—to U.S. Citizenship and Immigration Services (USCIS).
J-1 to Marriage-Based Green Card Processing Time
For J-1 holders marrying a U.S. citizen, the green card process typically takes around 9.5 months under concurrent processing, according to USCIS data. At Green Card Link, its immigration attorneys have seen many cases approved in as little as 8 months.
If you are married to a lawful permanent resident, you must wait until your priority date becomes current, which currently averages about 39 months based on the May 2025 Visa Bulletin.
Please note that premium processing is not available for marriage-based green cards. However, you may apply for a work permit (Form I-765) and a travel document (Form I-131) while your petition is pending.
During this waiting period, you must maintain lawful immigration status. For example, H-1B visa holders can extend their status beyond six years if their I-140 petition is pending, but J-1 holders are limited to the duration of their exchange program. It’s important to contact your program sponsor or consult an immigration attorney at Green Card Link to explore available options for status maintenance.
Consular Processing and the Marriage Interview
If your J-1 status expires before your green card is issued, you can depart the U.S. and complete the process through consular processing. In this case, after your Form I-130 is approved, you will attend an interview at a U.S. embassy or consulate in your home country.
Whether you are adjusting status within the U.S. or going through consular processing, you and your spouse must attend a marriage-based green card interview. A USCIS or consular officer will ask questions to confirm that your marriage is genuine and not entered into for immigration purposes. If inconsistencies arise, the officer may interview you and your spouse separately to compare answers.
To ensure full preparedness, it’s advisable to speak with an immigration attorney at Green Card Link who can help you anticipate interview questions and address potential concerns.
Understanding the 90-Day Rule
The 90-day rule helps immigration officers determine whether an individual misrepresented their intentions when entering the U.S. on a nonimmigrant visa like the J-1.
- Within 90 Days: If you marry a U.S. citizen or file for a green card within 90 days of entering the U.S., USCIS may assume that you misrepresented your original purpose for travel.
- After 90 Days: Taking such actions after 90 days does not automatically imply misrepresentation, but officers may still evaluate your case closely.
Even if you have a J-1 waiver, filing too soon after entry can complicate your case. As a general rule, wait at least 90 days after entering the U.S. before filing your petition.
You can check your I-94 Arrival/Departure Record to confirm your date of entry. For example, if you arrived on August 1, 2024, the 90-day period would end on October 30, 2024. If you entered under a different visa before obtaining your J-1, the rule applies from your first U.S. entry date.
For case-specific guidance, contact Green Card Link to ensure your timing and documentation align with current USCIS policy.
Conditional Green Card (CR-1)
If your marriage is less than two years old at the time your green card is approved, you will receive a conditional green card (CR-1) valid for two years. Within 90 days before it expires, you must file to remove the conditions and obtain a standard ten-year green card.
If your spouse cannot file with you due to divorce or death, you may request a waiver by demonstrating that your marriage was entered into in good faith. With proper legal representation, many applicants successfully transition to permanent resident status even under these circumstances. The immigration attorneys at Green Card Link are experienced in helping clients remove conditional status and secure full residency.
How Much Does It Cost to Get a Marriage-Based Green Card from a J-1 Visa?
Like most U.S. immigration processes, obtaining a marriage-based green card involves specific fees and procedural costs. Whether you’re currently on a J-1 visa or applying from abroad, understanding the associated costs can help you plan ahead and avoid unnecessary delays.
J-1 Visa Waiver Fees
If your J-1 visa is subject to the two-year home residency requirement, you must first secure a J-1 visa waiver before applying for a green card. The key cost to expect is:
- DS-3035 Processing Fee: $120 (non-refundable)
Applying for a Marriage-Based Green Card in the U.S. (Adjustment of Status)
If you are already in the United States, you’ll need to file several forms with U.S. Citizenship and Immigration Services (USCIS):
- Form I-130 (Petition for Alien Relative): $675
- Form I-485 (Adjustment of Status): $1,440 (for applicants between ages 14 and 78)
Applying for a Marriage-Based Green Card Abroad (Consular Processing)
If you are living outside the U.S., your application will go through the U.S. consulate or embassy in your country. The associated fees typically include:
- DS-260 (Immigrant Visa Application): $325
- I-864 (Affidavit of Support): $120
- Medical Examination & Travel Costs: Vary by country
- Attorney Fees: If applicable
If you must first change to a dual-intent visa (such as an H-1B) before applying for a green card, you’ll also need to factor in the costs of obtaining that visa.
Have more questions about the J-1 visa process? Read our detailed guide covering 50 of the most frequently asked J-1 waiver questions and answers for in-depth insights.
J-1 Visa to Green Card: Alternative (Non-Marriage) Options
Marriage-based green cards are a common path for J-1 visa holders, but they are not the only route available. Some individuals may qualify for dual-intent visas, such as the H-1B visa, which allows U.S. employers to hire highly skilled foreign professionals with at least a bachelor’s degree.
Once on an H-1B visa, you may later apply for permanent residency if you meet the eligibility criteria. An immigration attorney at Green Card Link can help you explore these alternative options based on your unique situation.
Frequently Asked Questions About the J-1 Visa to Green Card Process
1. How does the process work if the U.S. citizen spouse is living abroad?
If your spouse is a U.S. citizen living overseas, you’ll first need to submit Form I-130. After approval, your case is transferred to the National Visa Center (NVC) for further processing. The NVC will then send your case to the appropriate U.S. consulate, which will notify you about your interview date and required documentation.
2. What if the J-1 visa holder has children from a previous relationship?
J-1 visa holders must ensure they have maintained lawful status and avoided any issues with immigrant intent or misrepresentation.
If you have children under 21 from a prior relationship, your U.S. citizen spouse may be able to sponsor them as stepchildren—but only if your marriage occurred before the child’s 18th birthday. Otherwise, options may be limited. Consulting immigration attorneys at Green Card Link can help you identify the best legal strategy for your family.
3. What happens if the U.S. citizen spouse passes away during the green card process?
If your spouse passes away after filing Form I-485, you may still be eligible for relief as a surviving spouse or widower beneficiary. However, if the application was not yet filed or the marriage had not occurred, such relief is generally unavailable.
For cases involving consular processing (I-130), it may be possible to convert the I-130 into an I-360 Widow(er) Petition. This is a complex process, and an immigration attorney at Green Card Link can guide you through available options.
4. Can I stay in the U.S. while applying for a green card?
You must file your adjustment of status before your J-1 visa expires. If your status expires before approval, you may need to return home while waiting for your case to process.
5. How can I check if I’m subject to the two-year home residency rule?
Look at the bottom left corner of your DS-2019 form—it will indicate whether you are subject to the two-year home residency requirement.
6. Does marrying a U.S. military member waive the two-year J-1 residence rule?
No. Marriage to a U.S. military member does not automatically remove the J-1 two-year home residency requirement. You must still apply for and receive a waiver.
Consult an Immigration Attorney at Green Card Link
Navigating the transition from a J-1 visa to a marriage-based green card can be complex, especially when timing, documentation, or eligibility issues arise. To avoid costly mistakes and ensure a smooth process, it’s essential to work with immigration attorneys at Green Card Link who have extensive experience handling J-1 waiver and green card applications.
Contact Green Card Link today to schedule your personalized consultation and take the first step toward permanent residency in the United States.