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| J-1 Home Residency Requirement Issues related to Waivers, change to other visas while on J-1, etc. |
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#1
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Hi All,
I need your help people... I came to US on J1 visa [212 (e)] which will expire in Oct 09. But I m no more working or employed and my SEVIS is cancelled. I am getting married in couple of days to a citizen and I want to get information about paperwork which is needed for filing for Green Card. Could you all please help me in gathering this information about all the different forms needed and what needs to be done. As I believe I need to file in for the waiver as well because of the 2 year requirement on my Visa. Please help me with this information. Will be grateful to you all for this help. Thanks |
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#2
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Here is the page you have to go. Make sure that your husband also understands this well. http://travel.state.gov/visa/temp/info/info_1296.html
The marriage to US citizen itself will not get rid of your home contry residency requirement. The requrement from your J1 will block the process of GC. There are many cases failing in J1 waiver. In those cases, the couple stayed outside of US or they were separated for 2 years. Your hudband (US citizen) may not easily understand the strictness of this regulation. Your J1 visa sticker may look good till Oct 09 but it is not the thing that will make your stay legal. Visa is only about the entry to US. I am not sure whether your stay in US is currently legal. I strongly recomend you to contact immigration lawyers. Tell them your situation and what the goal of you two is. Immigration lawyers are used to work with legal foreigners and also illegal foreigners. Often, first couseling over the phone or first meeting is free. Last edited by kitten3; 8th June 2009 at 10:39 PM. Reason: fix my english |
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#3
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Don't worry, you can apply for a waiver and then for AOS, just make sure you have bases to get the waiver before thinking in overstaying, because if you don't get the waiver and you are out of status you might get deported.
__________________
2009 J1 Waiver: 2/18 DS-3035 Received by DOS 5/15 No Objection St recvd 5/18 Favorable Recomm. 5/21 J1 Waiver Approved ![]() AOS DO: Salt Lake City, UT Marriage Case6/25 00 Apps sent (I-130,485,765) 6/27 02 Apps Delivered 7/02 07 Apps received 7/06 10 Recvd NOA's 7/14 18 FP app notice (8/04) 8/04 39 FP app Done 8/12 47 EAD ordered 8/20 55 EAD Approval 8/21 56 EAD Received & Interview letter 10/13 108 Interview - Approved ![]() 10/22 117 Green Card Received! ![]() ![]() ![]() ![]()
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