Overstaying Visa While Waiting For Greencard

J

JamesWoods

New Member
Okay, let's say someone came over to the USA on a J-1 Work and Travel visa which I believe is a 4 to 5 month visa. This person then marries an American citizen. It's my understanding that once married, if the foreigner is currently in the USA, the couple can file the I-485 application at the same time that the I-130 petition is filed. In my area the current processing time is about 4 months for the I-485. So if the J-1 visa expires before the I-485 is approved, would overstaying the visa by maybe a month or so come back to bite them later on in some way? Traveling is not cheap, so I'd hate to think that the foreigner would have to go back home only to return a month or so later once approved.

Any thoughts?
 
Once the I-485 is filed, and the applicant meets the relevant criteria for filing I-485, the person is not considered out of status while the I-485 is in process.

However, if the J-1 visa has a 2-year home residency requirement, the person would NOT be eligible for I-485 until returning to the home country or getting a waiver.

Also be aware that one is not supposed to have the preconceived intent to immigrate when entering the US with a J-1 visa. If they know of your plans to immigrate or marry a US citizen, the officers at the port of entry are likely to refuse entry or give you a "No AOS" restriction which would disallow you from filing I-485. So if you are not already in the US, the right way to proceed is to apply for a fiance visa or immigrant visa via a consulate, then enter the US.
 
JamesWoods said:
Okay, Traveling is not cheap, so I'd hate to think that the foreigner would have to go back home only to return a month or so later once approved.

Any thoughts?
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Well... traveling has never been cheap, but you did manage to come to the US even though it cost you an arm and a leg? :confused: Why is now cheap to leave the US, especially if it was required for you to get a greencard? I am sure if this was the case, you would be willing to sell everything that you own..:)

If you haven't filed, the moment you file and USCIS issues a Notice of Action (NOA), then you current status is pending adjustment provided you meet GC conditions. So, you should not worry about overstaying...:)
 
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