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medicalguy

On a J1 visa engaged to a US citizen

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Hello,

I truly need an expert's opinion. I am a J1 exchange visitor, (Alien physician) doing residency in the US. My J1 visa stamp is valid till June/2012, and my DS-2019 has been renewed to June 2013. I have recently got engaged to a US citizen, and plan to be married in a year. I wanted to visit my home country in april (while my old J1 is valid) and renew my J1 Visa stamp for one more year.

I have two questions.

1. What should I put on my marital status? There is no engaged option, there is married / single / widdowed.

2. How is this going to affect my renewal of my J1? If I declare that I am engaged to a US citizen, then I will run the risk of showing an intent to become a permanent resident in the US, would that make my J1 subject to refusal? I have the 2 year home residency requirement on my J1.

I really am stuck. If my J1 gets refused, and I am stuck in my home country for two years it would be devastating for my career...

Please advise. Thanks.


N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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Personally, assuming your plan is to become a permanent resident after you are married and remain in the US, I would say your best bet would be to marry as soon as possible and file for AOS now. However, he 2 year HRR makes the situation a bit more complicated. Before you are eligible to AOS to permanent resident, you would have to get the home residency requirement waived, most likely through the No Objection Waiver from your home country. You don't mention what country you are from, so it's hard to determine how easy/difficult it would be for you to get that waiver issued. I also don't know how long the waiver process usually takes, but in any case, you would not be able to go home in April - and probably not until late this year.

If you are planning to not only marry a US citizen but also to adjust status and remain in the US after the marriage, you will technically be breaking the J1 rules every time between now and filing for AOS when you re-enter the US with the J1 visa - you have immigrant intent, and using a non-immigrant visa to enter the US with the intent to immigrate is visa fraud. Chances are this might not come up when you are re-entering, but it's a big risk to take.

Being engaged to a US citizen may or may not influence your J1 renewal - stating what country you are from would help people here give you advice on this. When I got my F1 visa, I was honest about having an American boyfriend, and got my visa issued without any problems. Lying is the absolute worst thing you can do, so if asked about your relationship, whether on paper or in an interview, you should be 100% honest. If options in a form are really single/married/widower, you are obviously single out of those three options.

If you really want to play it safe, you'll skip your April travel plans, get married, file for a waiver to get the 2 year HRR removed, and file for AOS. Then you'll wait to get your AP before leaving the US.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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My country is Jordan. Thanks for the detailed answer. I really don't intend to lie. I just was hoping to get a feel to what the consular would decide when he finds out that I am getting engaged to a us citizen. It is just ridiculous that that the fact that I am getting engaged to a us citizen is actually making things more complicated.

And a no objection letter does not work for j1 for alien physicians. The only option we have to waive the 2 year home residency requirement would be a waiver through a undeserved area job or hardship... And I can't do the first until I finish residency and fellowship.

I am afraid that I might have to cancel my travel plans indeed.... But I wish there was an option where I can travel...


N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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An update:

I Setup a consultation with an immigration lawyer, who advised me against traveling abroad until I obtain my j 1 waiver. So sadly i did cancel my plans to travel abroad. I Can't believe that if I was an illegal immigrant, I would have received a green card in a few months as opposed to 4 years on a legal j1 visa.... Unbelievable.


N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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An update:

I Setup a consultation with an immigration lawyer, who advised me against traveling abroad until I obtain my j 1 waiver. So sadly i did cancel my plans to travel abroad. I Can't believe that if I was an illegal immigrant, I would have received a green card in a few months as opposed to 4 years on a legal j1 visa.... Unbelievable.

Um, as an illegal immigrant you would most certainly NOT receive a Greencard. There is no path to GC for illegal immigrants at all. The idea that illegal immigrants "have it easy" is extremely misinformed. They would give an arm and a leg to be in your position - you have a legal entry and a path to a greencard.


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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Um, as an illegal immigrant you would most certainly NOT receive a Greencard. There is no path to GC for illegal immigrants at all. The idea that illegal immigrants "have it easy" is extremely misinformed. They would give an arm and a leg to be in your position - you have a legal entry and a path to a greencard.

I may have misunderstood, but I I was referring to people who entered the united states legally on a non-immigrant visa, such as b1/b2, and we're out of status due to overstaying their visa, then marrying a us citizen. Technically once you are oos, you are illegally in the us. Yet if they get married to a us citizen, they are legible to file for AOS, are they not?


N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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