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megan_grant

Getting married after J-1 visa expired. Do I need an Attorney?

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Filed: Other Timeline

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

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Filed: AOS (apr) Country: Peru
Timeline

I would at least talk to a lawyer, it doesn't mean you have to hire him/her if you talk to them.

Generally, overstay is forgiven through marriage to a US citizen. As long as you didn't enter with the intent to marry and immigrate, you will probably be okay but I would still consult with a lawyer.

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.


this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

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Filed: AOS (apr) Country: Canada
Timeline

I agree. My husband came over as a visitor from Canada and accidentally overstayed thanks to advice from the 1-800# for immigration. His overstay was like, 2 years I think. Our AOS was approved. Overstay was not even mentioned in our AOS interview.

If you want to talk to a lawyer, find one that gives free consultations. They're out there. Don't spend the $$ unless you really feel the need.

Good luck and congratulations on your baby and your marriage!


"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.


April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

:yes: Exactly, Look on your DS-2019 that you have and near the bottom of the page it should say whether you require the 2 year home residency or not. Very important!


K1 Journey:

April 13/06 NOA1 from NSC

June 1/06 - Moved to CSC

August 12/06 APPROVED - NOA2!!

August 28/06 Left NVC. . . Vancouver Bound!

September 27/06 Interview APPROVED, with visa in hand

October 29/06 Moving Date

December 30/06 Married!!

AOS Journey:

January 16/07 Sent out AOS, EAD, and AP docs

January 23/07 NOA1's for AOS, EAD and AP

February 13/07 Biometrics in Portland, OR

April 7/07 EAD and AP Received

April 24/07 Interview Scheduled . . . and APPROVED, stamp and all!

May 7/07 Greencard is in my hands!

ROC Journey:

February 17/09 Sent I-751 to CSC

February 18/09 NOA1

March 14/09 Biometrics appt.

April 22/09 Date of Approval!!

June 25/09 Greencard arrives in the mail!

*Everything I post is just my .02 cents, seek a lawyer for anything beyond that.*

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Filed: AOS (pnd) Country: Japan
Timeline
Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

:yes: Exactly, Look on your DS-2019 that you have and near the bottom of the page it should say whether you require the 2 year home residency or not. Very important!

I read post about a person who came here with J1 and got married 1 year later and submit AOS with her husband. Then her AOS got denied and returned to her country to apply K-3. She said J1 requries 2 year home residecy that was why it got denied. I really do not know about J1 visa, so I did not really understand the detail. If you have already completed the 2 year somthing, then I think it will be ok. but you should talk to a good lawyer. This person who wrote the post had a lawyer when applied her AOS and her lawyer forgot to submit 6 somthing file with AOS (sorry I forgot the exact number).

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Filed: AOS (pnd) Country: Japan
Timeline
Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

:yes: Exactly, Look on your DS-2019 that you have and near the bottom of the page it should say whether you require the 2 year home residency or not. Very important!

I read post about a person who came here with J1 and got married 1 year later and submit AOS with her husband. Then her AOS got denied and returned to her country to apply K-3. She said J1 requries 2 year home residecy that was why it got denied. I really do not know about J1 visa, so I did not really understand the detail. If you have already completed the 2 year somthing, then I think it will be ok. but you should talk to a good lawyer. This person who wrote the post had a lawyer when applied her AOS and her lawyer forgot to submit 6 somthing file with AOS (sorry I forgot the exact number).

Hi, I checked the post again, this person said her lawyer forgot to file 612 with AOS. That is why her AOS got denied and there was no appeal. Hope this one will help. good luck

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Filed: Other Timeline

Thank you all a lot for all helpful information and advices!!!!

On DS- and on the page of passport where is visa says "is not subject to the two year residence requirement.

I am looking for good attorney in Denver area just to see what he has to say. I just don't want to be completely blind about my case that's why I need to get as much info as I can before I hire somebody.

Thanks guys. God bless you.

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
Thank you all a lot for all helpful information and advices!!!!

On DS- and on the page of passport where is visa says "is not subject to the two year residence requirement.

I am looking for good attorney in Denver area just to see what he has to say. I just don't want to be completely blind about my case that's why I need to get as much info as I can before I hire somebody.

Thanks guys. God bless you.

Most likely then, you are not subject, but ......the DS-2019 and what it says on the passport is not always 100% accurate.

You might want to ask the State Dept for an "advisory opinion", to be totally sure you are not subject to the 2 year rule. If you hire a lawyer, you could also then ask for them to request an advisory opinon for you.

I would think if your DS-2019 and passport say you are not.......you don't have much to worry about. But, you might consider the "advisory opinion" to remove any doubts and be 100% sure.

Better to be safe than sorry. ;)

http://www.greencardlawyers.com/workvisas/...Qsadvisory.html


April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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Generally, overstay is forgiven through marriage to a US citizen.

For "generally" read "always". What isn't forgiven is non-fulfillment of the J-1 2 year home residency requirement.

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Filed: AOS (apr) Country: Peru
Timeline

Oh, I know that. But one time I didn't say generally and got jumped on :o

Generally, overstay is forgiven through marriage to a US citizen.

For "generally" read "always". What isn't forgiven is non-fulfillment of the J-1 2 year home residency requirement.


this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

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