Upgrading I-130 After citizenship

J

jumper8

Registered Users (C)
HI Everyone!
I just became a US citizen (july 31st)and prior to that,I had already submitted an I-130 form for my wife at thesame time I was submitting my N-400(march 2008). Her visa for entry was J-1(student exchange visitor). She renewed her stay in the US once,and when she was applying for another extension for 6 months,it was denied...We got married after that...
My question is,would this cause a problem?..she has not received any letter for removal proceedings...
We have proof that out marriage in legit - My company health insurance card showing her name,lease agreement,airplane tickets flying to visit each other(but now living together),records of us visiting dentists,..

Is there a way to upgrade her application?..is it recommended to send all of the following below:
* I-485(Application of Adjustment of status to greencard)
*I-765(Employement Authorization)
*I-864 - Affidavit of support
*Copy Naturalization certificate
*Copy of receipt of the I-130 application
*Cover letter explaining.

I-485 Evidence:
------------------------
- Taxes from last year(showing atleast 125% above poverty line(family of 2))
- Company Offer letter for prove of employement
 
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Hi TripleCitizen,
Thanks for the quick response! I am not sure about what that means but her came here through the Au Pair program,and then we just met thru a friend and we got married..so I dont know what the HRR means - I was reading somewhere that is something dealing with Home residence requirment...Can you enlighten me...and give me your opinion in the case of "she is subject to 2 year HRR" and in the case of "she is not subject to 2 year HRR"..
Thanks soo much for your advice!
 
Check her J-1 visa. Is there any annotation on it? Do you see 212(e) anywhere on her visa?

jumper8 said:
Can you enlighten me...and give me your opinion in the case of "she is subject to 2 year HRR" and in the case of "she is not subject to 2 year HRR"..
Click to expand...
 
Hi TripleCitizen,
after doing some googling around, I came across those who are subject to 2 HRR:
(1) those whose exchange visit is financed either by the U.S. or the
student’s home government;(2) those whose skills appear on the
“skills list” compiled by the USIA;and (3) those who are foreign
doctors attending graduate medical training in the United States.

She came as an au pair which the program is not supported neither by the US govt.nor her home country's govt. the au pair bring those who graduate BSc from certian countries to live with an arranged host family here and help with their kids,language,e.t.c...
 
HI TripleCitizen!
Thanks soo much for the enlightment!
I checked her passport and it says "bearer is not subject to section 212(e). Two year rule does not apply"....
So I am guessing that is the HRR req you are talking about?...
Please advice and give me your input on how i shall proceed....
Thanks soo much
 
TripleCitizen,
Thanks for your advice...one more question...
Are we going to have a problem since she is been out of status since january?...
is the AOS going to be denied based on the fact that she overstayed her visa?...
Thanks
 
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