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I came to the US on a J-1 Visa that has a 2 year residency requirement.  I left and completed 1 of the 2 required years outside the country.  I returned on as a student on an F-1 visa which I have now overstayed.  I am now married to a USC.  I know I need a waiver for the remaining year.  However, I am not sure what to do about the F-1 overstay.

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The F1 visa overstay will be likely forgiven as you are in the category of an immediate family member of a US citizen. However, a 2 YRR waiver is another matter. Your petition for AOS (I-485) won't be approved until you either go for a remaining year to your home country (which may trigger a ban) or apply and receive a waiver. Only after that you can file your I-485.

If I were you, I'd hire an experienced immigration attorney before proceeding as your situation is not simple.


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