J1 Subject To 212(e)

K

KTMF J1

Registered Users (C)
Any Information Is Greatly Appreciated!!!

My Wife Is A Colombian Citizen That Was Here On A J-1 Exchange Visitor Visa That Was Subject To 212(e). We Married 11/17/05 And Started Filing The Necessary Forms. We Have Filed Form I-130 To Start This Process. We Have Also Filed Form I-612 & Ds-3035 With The Dos For Waiver Of The 2 Yr Return To Home.

I-612 Filed 12/19/05 (uscis Currently Processing Thru 11/30/05)
Ds-3035 Filed 01/06/06 (status Pending)

The Request For Waiver Is Based Upon Exceptional Hardship For Me To Go To Colombia As Her Spouse Due To Posted Travel Warnings Due To Narcoterrosim Within Her Country, And The Imposed Risks To Us Citizens.

My Question Is, After The Approval By Dos Or Uscis Of The Waiver What Is The Next Step To Allow My Wife To Begin Working Again.

I Believe We Need To File (aos)i-485 & (employment Auth) I-765.

What Is The Average Time Frame For These And Are There Any Other Forms That We Should Be Filing?

Is It True That After 90 Days Awaiting I-765 There Is An Issuance Of A Temporary Work Permit?

Lastly My Wifes Visa Expired On 2/15/06 (including The 30 Day "travel Time". Is There Any Risk That There Will Be A Denial Based On The Fact She Overstayed Her Visa?

Any Help Is Great, Thank You In Advance!!!
 
I definitely think there is an added risk from overstaying the visa. You should probably get in touch with an immigration lawer as soon as possible to figure out what you can do about it. Your wife may have to leave the country temporarily, however inconvenient it may be to both of you. The longer she stays illegally in the U.S., the worse I would think your case would look to the USCIS. That is just my speculation, of course, but you should be really careful about overstaying visas. Even if you get the waiver, you may get in trouble when applying for permanent residency.
 
thaiangle is right (see different thread). If you apply for adjustment of status (I-485) within 180 days of your wife's visa expiring, then you should be fine. That information is available on page 6 of the instructions for form I-485. You need the waiver before you can apply for adjustment of status, but this should give you a bit more time to get the waiver. Once you have the waiver and have filed form I-485, then your wife can stay in the U.S. without problem. In fact, once you file form I-485, she cannot leave the U.S. without first getting permission by filing form I-131. You can file I-765 together with I-485.
 
Also, if you get the waiver and file I-485 and I-765, then your wife can get temporary employment authorization after 90 days if the I-765 has not been processed yet. I guess the greatest uncertainty is in how long it will take USCIS to process your waiver application. If you start getting close to 180 days after 2/15/06, then you may want to contact an immigration lawyer to find out what your options are, if you have not already done so.
 
Hi running_swede and KTMF J1,

I went to see my lawyer today. I inquired him more about 180 days rule. He said that it is more serious if you leave the country. If you don't file your AOS within 180 days of your out of status and you leave the country, you would be bar for 10 years. Plus after 180 days, u also can't apply for advance parole because you will be bar to come back. So, he said in any case, do not leave the country. Anyway, do more research. I don't recommend trusting everything that lawyer said. I have to look into the rule myself as well since I'm out of status for about 3 months now.

KTMF your wife should be fine applying for a visa after you get a waiver. How long are you in the process now and when do you expect to get the result? In fact, my lawyer said that you can apply for AOS a little before your expected date to receive the result. That's probably what I would do for my case. That's way I don't lose any time while waiting for advisory opinion.
 
J1

Thanks for getting back to me on the post, all the information given is greatly appreciated. I think we are most likely about 3-4 wks out from getting a response from the USCIS on waiver. I believe this should be approved as I cannot travel to my wifes country safely, Columbia, and I quoted travel warnings from the DOS web site suggesting US citizens not travel to Columbia due to narcoterroism and kidnappings. I believe this shows enough support for this cause. To further the situation my father is in law enforcement on a pretty big level and that could pose a threat if found out by certain groups within her country.

To clarify, if we believe we will get an approval in the next few weeks when should we go ahead and start filing the next forms? (I-765 & I-485) I wouldn't want to have the form get processed and then kicked back because waiver is not finalized....

Thanks a ton!
 
I-130 Approved!

Today in the mail I received an I-797 form saying that our from I-130 was approved that we filed 12/5/05. It says we can apply for I-485 AOS status form now. Still waiting for I-612 approval, should be close hopefully!!!

Any thing I should keep an eye out for or start doing at this point that I haven't mentioned?
 
Hardship waiver: form I-612 or DS-3035?

Hi all,

I am about to file for hardship. What form should I use? Some people say I-612 some other say both I-612 and DS-3035. I am confused.


TM_CI
 
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