need advice filling

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DDluv

Registered Users (C)
I married a USC 7 months ago and I am thinking to fill the forms and send them. Everything seems to be clear my only issue is that I came in the US 4 years ago as an exchange student and I overstayed my visa 3 years now. And when I'm filling in the forms I don't know what to put when they are talking about current uscis status in I-485 (out of status? or my expired J1 visa?) as well expiration date what should I put there? the date my actual visa expired?
Was anybody in the same situation? Or is there somebody who knows details about it?

thanks everyone, this forum is awesome!
 
DDluv said:
I married a USC 7 months ago and I am thinking to fill the forms and send them. Everything seems to be clear my only issue is that I came in the US 4 years ago as an exchange student and I overstayed my visa 3 years now. And when I'm filling in the forms I don't know what to put when they are talking about current uscis status in I-485 (out of status? or my expired J1 visa?) as well expiration date what should I put there? the date my actual visa expired?
Was anybody in the same situation? Or is there somebody who knows details about it?

thanks everyone, this forum is awesome!
Click to expand...

As far as answering the questions on I-485, you should state that you are in J1 status and give the I-94 expiration date. This way, you are not missrepresenting the situation and answering the questions to the best of you knowledge and on the other hand are not volunteering too much information. Visa expiration date has nothing to do with your status in the US... Your overstay will be forgiven since your spouse is a USC, however you might wanna check on J-1 residency requirement. I do not know much about it but saw from some people's timelines that some people actually had to request residency requirement waiver first...so you might wanna look into that...Good Luck!
 
pvkby said:
however you might wanna check on J-1 residency requirement. I do not know much about it but saw from some people's timelines that some people actually had to request residency requirement waiver first...so you might wanna look into that...Good Luck!
Click to expand...
That's right, you might be subject to the "2 year foreign residency requirement". You will have to apply for a waiver.
Read about it here:
http://travel.state.gov/visa/temp/info/info_1296.html
 
Thanks for answering everyone!

I am not subject to section 212 thank God!

On my I-94 where they stamped class/ untill class is J/1 and until is D/9 or D/S or something like that. I wonder what that is. should I put that in my I-485?

thanks
 
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