Expired J1 Visa ~ Engaged

J

Justa

Registered Users (C)
My fiance is in the US and holds a expired JI Visa (over 1yr old). I am a US citizen and trying to navigate through this process to help him adjust his status once we are married.

We would like to do filing ourselves to save attorney fees, however, I am very confused on all of the forms that are required to be filed with INS. If anyone knows the specific forms that we must complete, please advise.

Much thanks in advance ~ sorry if duplicate post. I am new on this forum.
 
Visa is just for entry. I-94 controls stay. Does he have the 2 year HRR?

The USCIS has a complete guide and forms for family based immigration. Review that. If you have just a few questions, post back. If you are unable to understand the process at all, consult a attorney. If funds are a problem, there are social service agencies that assist with immigration on an ability to pay fee schedule.
 
Response - Additional Question

Thank you for your response. He is not subject to the 2yr residency requirement.

Since your reply, I was able to garner all the required forms and currently reading each in detail. There is one Form, Form 1-131 that confuses me and hope you/someone can clarify.

Q3 - Class of Admission - Unsure what needs to be put there (J-I - expired in 08/09 ??)

Part 2 - Application Type - We are getting married next week (I'm a US Citizen) and submitting this Form with Form 1-485.

Is a travel agenda required to complete/return this form? I was hoping we would be able to return to Russia and meet his family, but no travel set date yet.... unsure how to complete this Form.

Also, if AOS is approved, is he still subject to this 10-yr ban on returning to the US since he has been here over 180 on an expired JI?

Thanks in advance for any feedback.
 
Do not submit an I-131 to apply for Advance Parole. It is an optional form (it's not required for those who will remain in the US during the GC processing), and even if they approve it, it would be useless due to the overstay and he would be stuck outside the US. He should not leave the US until his green card is approved.

After the GC is approved the 10 year ban will not apply and he'll be able to travel back and forth like any normal green card holder.
 
Our AOS paperwork is almost complete to send and hoping someone could help me tie up a few questions:

1. Form I-130 (Petition for Alien Relative) , question #22 - It asks which USCIS office beneficiary will be applying for AOS. Confusing b/c the AOS Package is mailed to Chicago, but we both live in Atlanta, so which city/state USCIS office do we put? Same question for 2nd part of #22, if AOS is denied, which city/country will we apply to.

2. Form I-485 - It asks for Current USCIS Status. Unsure what to put - he has an expired J1 visa.

much thanks in advance
 
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