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devochka84

trying to change status of j1 visa,

By devochka84 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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devochka84 Newbie

devochka84   0

Posted
Filed: Country: Ukraine
 Timeline
Posted

i have a question for you, hope you can help me.My girlfriend came to america, she is from the ukraine..she came over here on a j1 visa, (exchange student visa) it was good for 12 months, she is no longer in that program anymore, we are getting married, and we want to change the status of her visa.. i am not really sure what step to take after marriage..any info would help...i am currently in usa and want to change status without leaving america.

regards

rob

THANKS!

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faith42 Contributor

faith42   0

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There are a few things to be considered:

- is she currently out of status?

- is Ukraine one of the countries that have a 2 year requirement on J-1 visa?

I am assuming that you would have to file I-130, I-485, and of course if you wish (I-765 for work) and I-131 (travel, which I would not recommend if she is or has ever been out of status)

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kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted
...i am currently in usa and want to change status without leaving america.

regards

rob

So is it the bride who wants to change status or the groom as well? That's how I read the above.

Or did you mean to say "I am currently in usa and want my future wife to change status without her leaving america."

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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devochka84 Newbie

devochka84   0

Posted
Filed: Country: Ukraine
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  • Author
Posted

...i am currently in usa and want to change status without leaving america.

regards

rob

So is it the bride who wants to change status or the groom as well? That's how I read the above.

Or did you mean to say "I am currently in usa and want my future wife to change status without her leaving america."

the bride wants to change her status, i am the husband, i am an american....i want to know if she can change her status on a j1 visa without leaving united states

THANKS!

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kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
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She can -- as long as there is no 2-year home stay requirement after the completion of her program.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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devochka84 Newbie

devochka84   0

Posted
Filed: Country: Ukraine
 Timeline
  • Author
Posted
There are a few things to be considered:

- is she currently out of status?

- is Ukraine one of the countries that have a 2 year requirement on J-1 visa?

I am assuming that you would have to file I-130, I-485, and of course if you wish (I-765 for work) and I-131 (travel, which I would not recommend if she is or has ever been out of status)

ukraine is not 1 of the countries that have a 2 year requirement on j-1 visa.she was on j-1 visa from 1/16/06 stamped by customs good until 1/16/07, but here is the catch since she left the aupair program i am assuming that her visa is closed right now...

...i am currently in usa and want to change status without leaving america.

regards

rob

So is it the bride who wants to change status or the groom as well? That's how I read the above.

Or did you mean to say "I am currently in usa and want my future wife to change status without her leaving america."

the bride wants to change her status, i am the husband, i am an american....i want to know if she can change her status on a j1 visa without leaving united states

ukraine is not 1 of the countries that have a 2 year requirement on j-1 visa.she was on j-1 visa from 1/16/06 stamped by customs good until 1/16/07, but here is the catch since she left the aupair program i am assuming that her visa is closed right now...

THANKS!

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kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted
ukraine is not 1 of the countries that have a 2 year requirement on j-1 visa.she was on j-1 visa from 1/16/06 stamped by customs good until 1/16/07, but here is the catch since she left the aupair program i am assuming that her visa is closed right now...

It looks like she can file for adjustment of status and EAD (while you file I-130 for her). As the above poster said, filing for AP is a waste of money since she should not leave the country until she can adjust her status, because of being out of status.

I'd still consult a lawyer familiar with J-1 visas before you file, to make sure you are not operating under false assumptions.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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Kajikit Proficient

Kajikit   65

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Sounds like you should be able to apply for AOS... she came into the country legally and she was still within the legal dates of her visa when you got married.

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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anya-D Proficient

anya-D   8

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
ukraine is not 1 of the countries that have a 2 year requirement on j-1 visa.she was on j-1 visa from 1/16/06 stamped by customs good until 1/16/07, but here is the catch since she left the aupair program i am assuming that her visa is closed right now...

I was an Aupair before and i can tell you this.. after she leave the program (for aupair) she has about 30 days before they put her out of status and cut her visa. so you can apply to change her status during that time or she would be out of status. oh.. and aupair dont have the 2 years requirement anyway.

ps.. not that i cahnge my status - i finished the program, went home and apply for K-1.

K-1 = 4 months

AOS = 5 months

I-751 = almost one year

I Love My Life With You

"A society is judged by how it treats its animals and elderly"

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