J-1 180 days out of status Adjustment or Wait?

D

dronkin

Registered Users (C)
Hello,

Please advise on the following.

I am applying for citizenship this winter. My wife is used to be on J-1 (which on paper says expiration day 9/1/09. But she no longer works for the company who issued that visa so it might be already expired (about 2 months).

Shall I file the AOS for her just to be safe and the update when I become a citizen? If I'll wait for citizenship shill be out of status. :confused:

What you all suggestions please. Thank you!:confused:
 
dronkin said:
Hello,

Please advise on the following.

I am applying for citizenship this winter. My wife is used to be on J-1 (which on paper says expiration day 9/1/09. But she no longer works for the company who issued that visa so it might be already expired (about 2 months).

Shall I file the AOS for her just to be safe and the update when I become a citizen? If I'll wait for citizenship shill be out of status. :confused:

What you all suggestions please. Thank you!:confused:
Click to expand...

She is not eligible to file for adjustment of status. You can file the I-130 relative petition for her and then update it when you receive your US citizenship.
 
vdostoi1 said:
She is not eligible to file for adjustment of status. You can file the I-130 relative petition for her and then update it when you receive your US citizenship.
Click to expand...

Yes, I meant I-130 sorry.

What shall I put for questions on I-130:

14 - she is on J-1 visa

22 - what to put if she is in US (only US city or both?)

Thank you!
 
dronkin said:
Yes, I meant I-130 sorry.

What shall I put for questions on I-130:

14 - she is on J-1 visa

22 - what to put if she is in US (only US city or both?)

Thank you!
Click to expand...

If she already overstayed 30 days but less than 180 - is it still OK to file I-130? :confused: Please advise, Thank you!
 
dronkin said:
If she already overstayed 30 days but less than 180 - is it still OK to file I-130? :confused: Please advise, Thank you!
Click to expand...

You can file an I-130 for her while she is in the US in any status. So the fact that she overstayed, does not matter. I am going to move this thread to the appropriate forum where you will get more input from folks.
 
I-130 will not provide her with any status. It is useless when filed alone in your case. Wait till you are a citizen and then file for AOS.
 
Is her J-1 subject to the 2-year home country residence requirement? If yes, she'll have to get a waiver or go back.
 
vdostoi1 said:
You can file an I-130 for her while she is in the US in any status. So the fact that she overstayed, does not matter. I am going to move this thread to the appropriate forum where you will get more input from folks.
Click to expand...

Thank you!
 
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