Jump to content
Lucia21

I'm seriously worried. J1 visa and AOS

13 posts in this topic

Recommended Posts

Hello. My husband (USC) and me (applicant) on green card.

I came almost year ago for J1 visa for work for summer and accidentally met my future husband and we (real) married in August and my visa expired in September, but we continued live together and make package for AOS for me, and now we in a corner to send it , BUT Im really worried to read that J1 visa holders almost always required a waiver and that Im 7 months already illegal, I don't know what to do.

Thank you for answers

Share this post


Link to post
Share on other sites

I would say it is the other way around.

Anyway all you need to know is if you are subject.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I would say it is the other way around.

Anyway all you need to know is if you are subject.

I just hope for the best.

I know that we are real and I believe, the problem is if they gonna believe and understand, because a lot of fake marriages just make a look for them that everyone like this but a lot of people really love each other and want not just green card,just be together ;(

What people doing if they deny?

Share this post


Link to post
Share on other sites

Hello. My husband (USC) and me (applicant) on green card.

I came almost year ago for J1 visa for work for summer and accidentally met my future husband and we (real) married in August and my visa expired in September, but we continued live together and make package for AOS for me, and now we in a corner to send it , BUT Im really worried to read that J1 visa holders almost always required a waiver and that Im 7 months already illegal, I don't know what to do.

Thank you for answers

I know from experience that "work and travel" participants are not subject to the 2 year home requirement. So no waiver needed.

Check your visa in the passport. It should say "not subject" on the bottom. Your DS 2019 form should also have a check mark on "not subject".

Even if you needed the waiver, it's not that hard to get, unless you're a doctor or if you received money from the U.S. Government for your program.

Also, if you're married for real, you're ok. They probably won't care that you overstayed

Edited by Evenimente

Share this post


Link to post
Share on other sites

I know from experience that "work and travel" participants are not subject to the 2 year home requirement. So no waiver needed.

Check your visa in the passport. It should say "not subject" on the bottom. Your DS 2019 form should also have a check mark on "not subject".

Even if you needed the waiver, it's not that hard to get, unless you're a doctor or if you received money from the U.S. Government for your program.

Also, if you're married for real, you're ok. They probably won't care that you overstayed

Thank you for answer. Lawyer told me I have "not subject for 2 year home req"

So I have no difference to fill application from another people just put in some places "out of status" ,right?

Thank you my heart feels better now, its just so hard, people love each other why it should be a problem to be together, I hope for better and thank you again for mental help.

Share this post


Link to post
Share on other sites

Right, I'd say don't trust the lawyer, and check your form/visa yourself, as Evenimente instructed above. Presuming your lawyer was right and you're not subject, you're a 'J-1 overstay' on the I-485. That's how we filled it out, and we've got our interview on Tuesday.

If you (or another person reading this) is subject to the two-year home residency requirement, your realistic options are

  1. move to your home country for two years
  2. file for a waiver with the State Department (which we did), but the likelihood of that being approved varies widely depending on the kind of waiver requested and the details of the programme's funding.

2015-01-09 mailed AoS package

2015-01-15 e-notification received

2015-01-16 NOA Date

2015-02-04 biometric appointment

2015-03-04 EAD/AP approval email

2015-03-11 EAD mailed

2015-03-16 EAD/AP combo card received


2015-03-26 Interview scheduled online

2015-04-28 Approved for GC at AOS interview

Share this post


Link to post
Share on other sites

So you did not enter the USA on a K1 visa?

:time:

No, I entered like J1 student (work and travel type of visa) and married and want to adjust my status.

Actually I'm on a way to send it but i have question How exactly to file papers? I mean do they have a special requirements how to file in folders?(I know its kind of stupid question but I want to have everything right )

Thank you

Share this post


Link to post
Share on other sites

Thank you very much!!!!! :):):):):rolleyes:

keep us posted :)

не забудь поделиться прогрессом :)


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×