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Paul.G.

Girlfriend on work visa we want to marry

By Paul.G. in Adjustment of Status from Work, Student, & Tourist Visas

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8 posts in this topic

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

What exactly is her visa? If I hear nanny, I think J-1 visa, and J-1 visas may be subject to a 2-year home residency requirement. So first step, please find out which visa she has and if it is J-1, if there is a home residency requirement. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Thank you. She has the J-1 visa. What is a 2-year home residency requirement?

Here is a link to some really basic info about J-1 visa: http://en.wikipedia.org/wiki/J-1_visa

Simple thing is to look at the actual visa in her passport to see if she is subject to the home residency requirement. It ought to be indicated in the Annotations section.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

You need to determine if she subject to the home residency requirement. As Anh map said, take a look on her visa and see what is there. There is a possibility that she is not subject to it (not all J-1 visas have this, but some do). If she is subject to a 2-year home residency requirement, then you can request a waiver of that requirement, but no guarantee it will be approved. You cannot attempt to adjust her status until this issue is resolved, so this is step 1 :)

He is a member who recently got the HRR waived.

http://www.visajourney.com/forums/topic/279089-so-excited-cant-function-need-help/

Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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xxtinaxx Enthusiast

xxtinaxx   14

Posted
Filed: AOS (pnd) Country: Vietnam
 Timeline
Posted

Thanks Anh map. I have read up on J-1 visa a bit and still not sure how to go about getting married and her not having to leave...

Look at her DS form or visa in her passport to see if they checked the box " not subject to 2 year home residency" or not. I had J1 visa too.Good luck.

11/8/10: Medical exam

11/12/10:Get married

11/19/10: I-693 sealed.It means my chest x ray is fine :)

11/20/10: Package [ I-130,I-485,I-765] sent to Lockbox

11/22/10 [Day 1]: Delivered there

11/29/10 [Day 7]: Return receipt from USPS

12/13/10 [Day 21]: Texts and email received [ after 21 days!!!!!!!!!!!!!!]

12/16/10 [Day 24]: Snail copy received

12/18/10 [Day 26]: Every single form touched

12/20/10 [Day 28]: Biometrics letter received

1/13/11 [Day 51]: Biometrics done

1/24/11 [Day 62]: Biometrcis appointment received AGAIN.!!!!!!!!!I was like #######

2/04/11 [Day 72]: Second biometrics done

2/15/11 [Day 83]: EAD in production.

2/18/11 [Day 86]: Interview letter received, set for March 21

2/22/11 [Day 90]: EAD mailed out.

2/25/11 [Day 93]: EAD received

3/21/11 [Day 118]: Interview but left with no decision ToT

3/31/11 [Day 128]: RFE regarding police clearance

4/13/11 [Day 141]: RFE sent

4/19/11 [Day 147]: Card in production

4/22/11 [Day 150]: Welcome2USA letter received

It took 5 stressful months exactly.

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Paul.G. Newbie

Paul.G.   0

Posted
Filed: Other Timeline
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Posted

Thank you all for the advice so far. Her visa doesn't have that box checked it.

She has talked with some other individuals on the same program as here "Au Pair"

They have said to get married and then apply for the green card afterward...

Can anyone add some insight to this?

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