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Njdanny84

EXPIRED J-1 Visa "NOT SUBJECT TO 2 YEAR RULE"

By Njdanny84 in Adjustment of Status from Work, Student, & Tourist Visas

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Njdanny84 Newbie

Njdanny84   0

Posted
Filed: J-1 Visa Country: Brazil
 Timeline
Posted

Hello, my wife came into this country back in March - 2010 with a J-1 visa "not subject to 2 year rule". About 8 months in her AU Pair job we met and dated for several months. She eventually left the job to come live with me. We lived together for almost 2 years and we understand that she has now over stayed her visa and is here under non legal status. We recently proposed to her and a couple of weeks later we found out that we were pregnant! We then did the right thing and went to city hall to get married. Now we would like to fix her situation and submit all the forms required to obtain a green card for her. How much trouble are we in and how much difficulty will we have? Below you will find a summary of what is currently going on:

- Visa type - R J-1

- The visa is NOT SUBJECT TO SECTION 212(E) - TWO YEAR RULE DOES NOT APPLY

- She did not finish her program (AU Pair)

- Visa has been expired for about 18 months now

- We recently got married (I am a US citizen)

- She is expecting ( not like this is going to help)

Please advice, thank you.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Nothing you have said indicates any significant red flags / problems.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Njdanny84 Newbie

Njdanny84   0

Posted
Filed: J-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Nothing you have said indicates any significant red flags / problems.

Hi and thank you for the quick response, just a quick question - the link that you sent me says to consult a lawyer because most likely i will need a waiver. Will i still need this if she is not subject to the 2 year rule?

Thanks in advance!

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You don't need a waiver since she is not subject to the two year HRR.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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