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  #1  
Old 30th December 2006, 01:18 PM
sunshine10 sunshine10 is offline
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marry and overstay visa?

hello everyone.
here is my situation. i have been in the us for a year now on a J-1 visa which expires in february. if i marry my boyfriend of two years who is a us citizen (has dual citizenship, born in the us), is it ok to stay in the us and file papers, although my visa will have expired by then? thank you in advance!
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  #2  
Old 30th December 2006, 02:08 PM
NeShawn NeShawn is offline
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Quote:
Originally Posted by sunshine10
hello everyone.
here is my situation. i have been in the us for a year now on a J-1 visa which expires in february. if i marry my boyfriend of two years who is a us citizen (has dual citizenship, born in the us), is it ok to stay in the us and file papers, although my visa will have expired by then? thank you in advance!

You under no circumstances should leave You are to stay in the USA while your paperwork is being processed. You won't be out of status. Once paperwork is filed, your status is considered "pending" and you won't be in an overstay situation at all. You are good. Don't worry. Just prepare paperwork accurately and enjoy your marriage. Best Wishes.
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  #3  
Old 30th December 2006, 02:11 PM
pianoplayer pianoplayer is offline
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Quote:
Originally Posted by sunshine10
hello everyone.
here is my situation. i have been in the us for a year now on a J-1 visa which expires in february. if i marry my boyfriend of two years who is a us citizen (has dual citizenship, born in the us), is it ok to stay in the us and file papers, although my visa will have expired by then? thank you in advance!
Hi:

Do you have a 2yr foreign residency requirement on your J-1 visa? This is a possible obstacle. Otherwise I do not see a problem based on the facts provided.
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  #4  
Old 30th December 2006, 02:39 PM
sunshine10 sunshine10 is offline
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thank you so much for your replies!
luckily, i do not have a 2-year residency requirement
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  #5  
Old 30th December 2006, 02:50 PM
LucyMO LucyMO is offline
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and, is that visa expiring or your DS-2019?
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  #6  
Old 30th December 2006, 06:56 PM
sunshine10 sunshine10 is offline
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Originally Posted by LucyMO
and, is that visa expiring or your DS-2019?
both expire on january 9, but i have a grace period of 30 days till february 8, 2007.
thx so much.
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