Njdanny84

Hello to all users,

My wife overstayed her J-1 Visa (not subject to 2 year rule), its been almost a year now. Therefore, my question is how do i proceed with the I-485? It is asking for her Current USCIS Status and Expiration date.

My Questions:

How does she fill out this part of the form?

Will she have any issues due to the fact that her visa is already expired, for about a year now!

Please help me with this issue, I'm very desperate and scared.

Thank you all for all your help, this place is awesome.

Daniel and Marina.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Nothing you have said indicates any significant red flags / problems.

Hi and thank you for the quick response, just a quick question - the link that you sent me says to consult a lawyer because most likely i will need a waiver. Will i still need this if she is not subject to the 2 year rule?

Thanks in advance!

Hello, my wife came into this country back in March - 2010 with a J-1 visa "not subject to 2 year rule". About 8 months in her AU Pair job we met and dated for several months. She eventually left the job to come live with me. We lived together for almost 2 years and we understand that she has now over stayed her visa and is here under non legal status. We recently proposed to her and a couple of weeks later we found out that we were pregnant! We then did the right thing and went to city hall to get married. Now we would like to fix her situation and submit all the forms required to obtain a green card for her. How much trouble are we in and how much difficulty will we have? Below you will find a summary of what is currently going on:

- Visa type - R J-1

- The visa is NOT SUBJECT TO SECTION 212(E) - TWO YEAR RULE DOES NOT APPLY

- She did not finish her program (AU Pair)

- Visa has been expired for about 18 months now

- We recently got married (I am a US citizen)

- She is expecting ( not like this is going to help)

Please advice, thank you.