Seek very very urgent help

[candenind05]

I am writing to you due to an emergency situation.

Before writing to you I called related embassy to explore possibilities to solve our situation but due to thanksgiving they are closed. I am writing to you as my last hope.

I am a Indian national currently here in USA on J1 Visa, and studying in Denmark on Student Residence Permit and getting married next week to my Fiancee who is here in USA on L1 Visa.

Yesterday I called Danish Embassy for some inquiry and to my surprise I came to know that my Danish Student Residence permit has been canceled due to my stay (6 months internship on J1 Visa) in USA.(Stay outside Denmark more than 3 months)

(This aspect of my stay was not informed to me when I applied for J1 Visa by my University student visa consular ) In short now I don't have my Danish Student residence permit and I need to reapply for it by filling dissension form. This new situation has made things unclear and something which I never anticipated. It would be great help if you could help me with very imp questions that would help me to tackle this sudden situation.

My J1 Visa is getting expired on 11th of Dec 08, accordingly I booked my tickets to Denmark for 9th Dec08. Initially I thought after my marriage I will go to Denmark and apply for L2 visa application but now due to this new development after my wedding I am are planning to apply for my change of status application from J1 to L2 visa here in USA before 9th of Dec 08.

With regard to the above I have few questions, please help me with the same.

1.Considering my canceled Danish Student Residence permit, if I apply for change of status from my J1 Visa (which was given to me based on my Danish student residence permit) to L2 Visa in USA, will that have any implications/ issues to be able to get my L2 VISA?

2. Is it advisable to go for such option?

3. Would US Immigration Services will refer to my Danish Residence permit?

4.Any other implications or things which I may face or need to be careful looking at the above situation?

5.Can I do anything to fasten the processing time of my status change application from J1 Visa to L2 visa?

6.After applying for Change of status application can I continue to stay here in USA?

7. How much time it would take to get this "Change of Status" from J1 to L2?


8.If I take the option of applying for my L2 Visa application from India, how much time it may take for my L2 Visa?


9.What kind of documents I may require when applying for change of status application from J1 Visa to L2 visa?

Eagerly waiting to hear from you,
Happy thanksgiving,

Regards
CalDen

 

[Concerned4us]

Are you subject to the 2 year home residency rule on your J1? If you do, you will be required to abide by that and will not be able to do any kind of COS unless you obtain a waiver which does take some time.

First, please do not blame the university for your problem; you should be informed and ask questions rather than expect them to advise you of potential problems; they can likely advise you of the requirements of your J-1 program. Remember that poor planning on your part does not make an emergency on the part of the USCIS.

Based on what you have described, you need to obtain the services of an immigration attorney. I suspect that you will need to plan to be separated from your spouse for some time while this is straighted out.

 

[candenind05]

thanks for ur replay and advise.
I am not subject to 2 year home residency.
I plan to contact immigration attorney soon.

Hi,

Just wanted to give you little more background that would help to understand my current situation.

To renew my danish permit; Danish immigration have asked me to file application in Danish Consulate, NY. However they have not specified the processing time for this. Now the problem is my J1 is valid till Dec 12 and I have ticket booked back to Denmark for Dec 9, which leaves only 8 working days for me to be able to get my permit. Also I MUST submit my passport at Danish Embassy for re-issuing my permit.


1 Considering my canceled Danish Student Residence permit, if I apply for COS from J1 (which was given to me based on my Danish student residence permit) to L2 in USA, will that have any issues on my COS appl?

2. Can I apply for Danish tourist visa from USA when my COS appl is still pending ?

Background info: I was thinking to apply for renewing my current Danish Student permit on approval and will EXIT US and enter Denmark while COS still in the process (I know I MUST NOT leave US or else my COS get canceled)

2a Can I re-apply for L2 once I go back to Denmark?
2b Would there be any consequences due to my first COS application in US?
2c If not then what new documents I need submit in Denmark?
2d Do you think it's advisable to follow above mentioned plan?

Eagerly looking forward to hear from you