Question regarding eligibility to file I-485

[KandK 0]

Hi, I am in the process of preparing the I-130 and I-485 forms for my wife.

she came here on a J1 visa in mid 2008. It is now expired, and she is still here, overstaying the visa.

what kinds of problems does this present? is she even eligible to file the I-485?

[payxibka 10,045]

Hi, I am in the process of preparing the I-130 and I-485 forms for my wife.

she came here on a J1 visa in mid 2008. It is now expired, and she is still here, overstaying the visa.

what kinds of problems does this present? is she even eligible to file the I-485?

as long as you file an i-130

[lucyrich 20]

Does her J-1 have a home stay requirement (look on the visa itself)? This can be a problem, because if she's subject to the two year home stay requirement, she generally can't adjust status until fulfilling the two year home stay. But leaving the US to fulfill the home stay will trigger a ten year bar on admissibility, due to the overstay time already accumulated. A waiver of the home stay requirement may be available (or may not).

[KandK 0]

as long as you file an i-130

am I eligible to file both at the same time? or should I wait until the I-130 is approved?

Does her J-1 have a home stay requirement (look on the visa itself)? This can be a problem, because if she's subject to the two year home stay requirement, she generally can't adjust status until fulfilling the two year home stay. But leaving the US to fulfill the home stay will trigger a ten year bar on admissibility, due to the overstay time already accumulated. A waiver of the home stay requirement may be available (or may not).

it specifically says on her visa that she is "not subject to section 212 (e). two year rule does not apply to Russia."

what does this mean?

this is all very confusing to me, I guess I'd like to know what steps I should take from here, and after I file the I-130 and I-485.

[payxibka 10,045]

am I eligible to file both at the same time? or should I wait until the I-130 is approved?

it specifically says on her visa that she is "not subject to section 212 (e). two year rule does not apply to Russia."

what does this mean?

this is all very confusing to me, I guess I'd like to know what steps I should take from here, and after I file the I-130 and I-485.

file them both at the same time

it means the 2 yr HRR does not apply to her

[aydanalberto1 0]

My husband's I-94 had been expired for 6 years AND we didn't even have it. We lost it and immigration said they couldn't find it. We had our interview last month and it looks like he's going to be approved. They've never brought up the fact that he has overstayed by so long and when we got our attorney she told us it didn't matter.

[KandK 0]

thanks for the replies.

and I have read through the guides, but I was still very confused about all of this. for example, the I-130 guide says that J1 visa holders will need a waiver in order to adjust status, an I-601 or something. but then I read somewhere else that if we're married, then I don't need a waiver. but then I read on the instructions for the I-485 form that anyone that has overstayed their visa cannot file for the adjustment of status.

this is all very confusing, is all. it seems like I get conflicting answers depending on where I look.

[payxibka 10,045]

thanks for the replies.

and I have read through the guides, but I was still very confused about all of this. for example, the I-130 guide says that J1 visa holders will need a waiver in order to adjust status, an I-601 or something. but then I read somewhere else that if we're married, then I don't need a waiver. but then I read on the instructions for the I-485 form that anyone that has overstayed their visa cannot file for the adjustment of status.

this is all very confusing, is all. it seems like I get conflicting answers depending on where I look.

A J-1 subject to the two year HRR needs a waiver...