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MONIQUE871205

I had a j1 visa until feb 10 th and then i got marries on april 4th Can I still fill the forms?

By MONIQUE871205 in Adjustment of Status from Work, Student, & Tourist Visas

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MONIQUE871205 Rookie

MONIQUE871205   0

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Filed: J-1 Visa Country: Colombia
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I came 2 years ago with visa J1 , my visa expired on February 10th 2013, I got married on April 4th 2013 and I wonder if I can do the paperwork for my visa or green card, I am very confused right now and not to do, thank you

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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I came 2 years ago with visa J1 , my visa expired on February 10th 2013, I got married on April 4th 2013 and I wonder if I can do the paperwork for my visa or green card, I am very confused right now and not to do, thank you

Are you subject to the 2 year home rule? That would be the first place to start, see if you are required to go home for 2 years.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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MONIQUE871205 Rookie

MONIQUE871205   0

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Filed: J-1 Visa Country: Colombia
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Are you subject to the 2 year home rule? That would be the first place to start, see if you are required to go home for 2 years.

the anotation in my visa : is not subjet to sec 212 (e) two years rule does not apply

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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Posted (edited)

the anotation in my visa : is not subjet to sec 212 (e) two years rule does not apply

Now you know that you don't need to go after the waiver. You can file to adjust status while inside the USA.

Moved from spousal visas to adjustment of status from work student tourist as the OP does not need to file a spousal visa and can file adjustment of status inside the USA.

Here is the step by step guide

http://www.visajourney.com/content/i130guide2

Edited by Inky

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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MONIQUE871205 Rookie

MONIQUE871205   0

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

Now you know that you don't need to go after the waiver. You can file to adjust status while inside the USA.

Moved from spousal visas to adjustment of status from work student tourist as the OP does not need to file a spousal visa and can file adjustment of status inside the USA.

Here is the step by step guide

http://www.visajourney.com/content/i130guide2

so I can fill out the form even if my visa expires two months ago, I mean that there is no time limit to start the paperwork?

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MONIQUE871205 Rookie

MONIQUE871205   0

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Filed: J-1 Visa Country: Colombia
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so I can fill out the form even if my visa expires two months ago, I mean that there is no time limit to start the paperwork?

I'm reading in the form I 485 adjust status that says WHO IS NOT ELIGIBLE TO ADJUST STATUS " when your authorized stay expired before you filed this application .

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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I'm reading in the form I 485 adjust status that says WHO IS NOT ELIGIBLE TO ADJUST STATUS " when your authorized stay expired before you filed this application .

Your marriage to a US citizen changes that, you can file as long as you follow the instructions provided completely and file the I-130 with the 485.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Blueberry Pancake Proficient

Blueberry Pancake   311

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Filed: IR-1/CR-1 Visa Country: Poland
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Posted

If your I-94 was stamped with an expiration date, you have already started accrueing ulawful PRESENCE. ( remember about your 30 day grace period).

If your I-94 was stamped "D/S" you have not started accruing unlawful presence, although since you fell out of status- you are in unlawful status.

Read about differences between ulawful presence vs. unlawful status :

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1843

Not everyone knows there is a huge difference between these two.

Good luck and congrats on getting married :)

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When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

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