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Corey911

J1 - AOS, help needed

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Hello everyone!

I'm asking for a friend...

She came here on J1 tourist visa in May 2015 (from Ukraine), visa was valid for 4 months, in Aug 2015 she applied for F1 and later in Apr 2016 she got denial statement, something like "not eligible"...

Her overstay is about 10 months (as per her, I guess she counts it from denial letter date).

Now she is about to marry her boyfriend and file for AOS.

My understanding, they need to file i485+i130 at the same time? (I know about ead and parole).

Please guide me! Thank you in advance!

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1) A J-1 isn't a tourist visa; that would be a B-2.

 

2) What was the denial for? "Something like" doesn't really cut it.


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

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An F-1 is a student visa; a J-1 is a cultural exchange visa.

 

I wouldn't file anything until I knew exactly what the denial letter said.

Edited by Hypnos

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

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For her J-1 visa, does she have the 2 year home residency requirement attached to it?

 

You can find that by looking at the visa and DS-2019.

 

If she has 2HRR, then she is not eligible to apply for AOS until she returns and completes the requirement or gets a waiver.

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24 minutes ago, KurosawaSan said:

For her J-1 visa, does she have the 2 year home residency requirement attached to it?

 

You can find that by looking at the visa and DS-2019.

 

If she has 2HRR, then she is not eligible to apply for AOS until she returns and completes the requirement or gets a waiver.

Thank you very much! Will do!

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Thank you everyone for your answers!

She has no 2 year rule, but unfortunately she cannot find denial F1 letter to get the accurate reason of denial.

At that point, after marriage, should they file i130 with AOS? Do they need to attach a letter regarding overstay?

 

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If she wants to file 485 which is the AOS application then yes it must accompany the i 130, however the i130 can be sent alone. 


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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