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Posted

Hi all,

First of all I am glad I have found this site because it has lots of useful information. I have a doubt. I am currently in a J-1 Visa doing a paid internship (the Two-year Foreign Residence Requirement does not apply to me). My Visa will expire by the end of November 2011 so I still have some time. My girlfriend is a US Citizen and have been together for almost two years. We are also expecting a baby soon. We are thinking on getting married. I know that I should be looking here: http://www.visajourney.com/content/i130guide2

I have some questions:

1. Can I still continue my internship during this process?

2. If the application gets denied, is my J-1 Visa still valid?

3. At my work they have also offered to sponsor me for H1B Visa, could the denial of the application have any negative impact on this?

4. Does having a child give me more chances for get approved for AOS?

5. I have currently a dual citizenship, will this have any effect?

6. Any additional tips, hints?

Thanks in advance! Have a great day.

Timeline:

11/08/2010: US Entry as J-1

03/29/2011: Son was born

04/07/2011: Got married!

05/13/2011: Sent AOS

05/28/2011: NOA1

06/21/2011: Biometrics appointment

07/16/2011: EAD received

10/03/2011: Interview appointment letter received

Posted

Hi all,

First of all I am glad I have found this site because it has lots of useful information. I have a doubt. I am currently in a J-1 Visa doing a paid internship (the Two-year Foreign Residence Requirement does not apply to me). My Visa will expire by the end of November 2011 so I still have some time. My girlfriend is a US Citizen and have been together for almost two years. We are also expecting a baby soon. We are thinking on getting married. I know that I should be looking here: http://www.visajourn...tent/i130guide2

I have some questions:

1. Can I still continue my internship during this process?

Yes

2. If the application gets denied, is my J-1 Visa still valid?

Yes

3. At my work they have also offered to sponsor me for H1B Visa, could the denial of the application have any negative impact on this?

Perhaps - depends on the denial. (most likely not) - however - if you are in the process of getting LPR - you should not apply for the H1B. (since you will be in the AOS process, and awaiting adjustment)

4. Does having a child give me more chances for get approved for AOS?

Somewhat - however, they are looking for a bonafide marriage, having a child does not show that.

5. I have currently a dual citizenship, will this have any effect?

Read This

6. Any additional tips, hints?

Read the guides above.

Thanks in advance! Have a great day.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

Thanks a lot for your answers. I still have two more questions:

1. In the link to the guide: http://www.visajourney.com/content/i130guide2 , they say that J-1 Visa holders most likely will need a waiver. Since the two year foreign residence does not apply to me, do I require the waiver?

2. Is it ok to send the forms the next day we get married? Or is it advisable to wait some time before sending them?

Timeline:

11/08/2010: US Entry as J-1

03/29/2011: Son was born

04/07/2011: Got married!

05/13/2011: Sent AOS

05/28/2011: NOA1

06/21/2011: Biometrics appointment

07/16/2011: EAD received

10/03/2011: Interview appointment letter received

Posted

1. If you are not subject to the 2-year HRR, then no waiver needed.

2. You can send paperwork as soon as you have the certified marriage certificate, so the same day if you can swing it.

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!

  • 4 weeks later...
Posted

I started with the paperwork and I have a new question. Do I need to fill form I-765 Application for Employment Authorization? I am already doing a paid internship with a J-1 Visa so I do know if this applies to me also. Thanks in advance!

Timeline:

11/08/2010: US Entry as J-1

03/29/2011: Son was born

04/07/2011: Got married!

05/13/2011: Sent AOS

05/28/2011: NOA1

06/21/2011: Biometrics appointment

07/16/2011: EAD received

10/03/2011: Interview appointment letter received

 
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