Expired J-1 visa Married to US Citizen

[Njdanny84 0]

Hello to all users,

My wife overstayed her J-1 Visa (not subject to 2 year rule), its been almost a year now. Therefore, my question is how do i proceed with the I-485? It is asking for her Current USCIS Status and Expiration date.

My Questions:

How does she fill out this part of the form?

Will she have any issues due to the fact that her visa is already expired, for about a year now!

Please help me with this issue, I'm very desperate and scared.

Thank you all for all your help, this place is awesome.

Daniel and Marina.

[inqztve 42]

Overstays are overlooked for spouses of USC. So, it should not be an issue. But, you should talk to an immigration attorney. You should file it right away. Also, she would be better served to not leave the country before AOS is completed.

[aaron2020 11,651]

Overstays are overlooked for spouses of USC. So, it should not be an issue. But, you should talk to an immigration attorney. You should file it right away. Also, she would be better served to not leave the country before AOS is completed.

If she leaves at any time before she gets her green card, she will be abandoning the application. As a visa overstay, Advance Parole is worthless since she can't use it.

[newacct 688]

If she leaves at any time before she gets her green card, she will be abandoning the application. As a visa overstay, Advance Parole is worthless since she can't use it.

And why "can't she use it"?

[Asia 2,491]

And why "can't she use it"?

Because she overstayed her visa.

[newacct 688]

Because she overstayed her visa.

So? She has Advanced Parole.

[Penguin_ie 5,985]

**** Moving from AOS from Family Visa to AOS from Student/ Work visa forum ****

[Hypnos 6,576]

Advanced Parole does not overcome the bars that overstaying the authorised stay (shown on your I-94) will automatically give you.

180 days of overstay gives a three year bar and 365 days of overstay gives a ten year bar from the US. These only kick in upon exiting the country, and having AP will have no effect. If you have at least 180 days of overstay, file for AoS and attempt to leave then re-enter using AP, you will be denied entry by CBP.

In short, do not leave the US until the green card is in your hand if you have at least 180 days of overstay. AP is worthless to an overstayer for that reason.

[Asia 2,491]

So? She has Advanced Parole.

BUT...

AP is worthless to an overstayer for that reason.

In short: if she wouldn't have overstayed, she could use AP and leave while her AOS is pending.

Edited January 24, 2013 by Asia

[Little_My 463]

Yes. Advance Parole can be used for international travel while AOS is pendign IF there is no previous overstay that would warrant a ban to the United States. As explained by Hypnos, AP does not invalidate nor protect from the consequences of overstaying one's visa. It is routinely approved, and it is issued to pretty much anyone who applies for it - but it is up to the beneficiary, i.e. the applicant, to know that he or she cannot use the AP if there is a previous overstay exceeding 180 days (and that it is not a good idea to use it even if the overstay isn't 180 days but comes anywhere close).

[newacct 688]

Advanced Parole does not overcome the bars that overstaying the authorised stay (shown on your I-94) will automatically give you.

180 days of overstay gives a three year bar and 365 days of overstay gives a ten year bar from the US. These only kick in upon exiting the country, and having AP will have no effect. If you have at least 180 days of overstay, file for AoS and attempt to leave then re-enter using AP, you will be denied entry by CBP.

In short, do not leave the US until the green card is in your hand if you have at least 180 days of overstay. AP is worthless to an overstayer for that reason.

I thought Matter of Arrabally from last year specifically overruled this.

[Hypnos 6,576]

As I understand it, Arrabally is not settled law, and the ramifications from that decision are still being considered by multiple agencies, including USCIS.

I would not rely upon it at all.

[jo10033 0]

IN SERIOUS NEED OF SOME HELP/GUIDANCE

I am a Canadian working in California as a teacher on 5 year J1visa. My husband has dual citizenship and is currently working in the US. I entered the US in 2011. We returned to Canada to be married in 2011 and immediately returned to the US to continue our jobs.. We are living and working in California.

FIRST ISSUE:I am pregnant and due to health concerns have been advised to stop working early and go on disability. I have been paying in the State Disability Insurance Plan since I began my job in August of 2011. Is there any reason I would not be able to collect SDI or at the least Paid Family Leave?

SECOND ISSUE: If I do not return to work after the baby is born, I will not be covered under the J1 visa correct? So what do I do about applying to remain in the US. My husband applied for citizenship for me last April. We have not heard anything.

We were together 6 years in Canada and were considered in a common law marriage before I came to the US to teach. He followed me and obtained a job in June of 2012.