will marriage to citizen help me?

O

Olechka

Registered Users (C)
Hello,
I'm new here, I see there are lots of people who really know the laws and can give me a piece of advice.
I came to the US 1.5 years ago with J1 Work and Travel visa which was for 4 months. So I overstayaed my visa for more than a year. Now I have to go back to Russia. I have a boyfriend, we love each other, but we can't be together now and I really need to go back to Russia. He's applied for citizenship 5 months ago and I hope soon he'll be a citizen, but anyway we can't get married for some reasons now. So my question is, if I come back to Russia, with no status now, I understand I won't be able to come back to the US again, but if he, being a citizen, comes to Russia in 1 or 2 years and marry me, will I be able to go to America being his wife? It's very important question for me, if anybody has any information, please help!
 
if you leave you will be subject to a TEN YEAR ban on re-entry.Waivers to this ban are possible, but a pain to get. If i were you, i would marry him and stay.
 
10 Year ban will definitely be triggered.... if you leave. Sounds like he is NOT a citizen either - when will he be getting his citizenship? If soon, wait to go back, get married here and then apply for advanced parole to go back to russia or wait for the Adjustment of Status application to be approved then go back.

The 10 year ban is serious.
 
J1?
this is hard ..so hard...
Here is a news for you..
I was a J1 student..and I was eligible for Green Card through family at the same time..
I was not allowed to get GC until I completed my J1 residency in my home country...
I had to wait 5 years (study plus residency) to get my green card..

My friend is in your situation, he is married to a citizen and they have a baby even (been few years) and he is not allowed to adjust his status due to J1 residency requirement..
You are in a tough situation..
I'd check with a lawyer if I were you..
 
I think the J1 waiver depends on your home country. I know Australia automatically gives J1 waiver for Australians and there is form on the web to sign and fax to them. It is pretty much a mechanical process. Check with the Russian embassy.
ProudPal said:
J1?
this is hard ..so hard...
Here is a news for you..
I was a J1 student..and I was eligible for Green Card through family at the same time..
I was not allowed to get GC until I completed my J1 residency in my home country...
I had to wait 5 years (study plus residency) to get my green card..

My friend is in your situation, he is married to a citizen and they have a baby even (been few years) and he is not allowed to adjust his status due to J1 residency requirement..
You are in a tough situation..
I'd check with a lawyer if I were you..
Click to expand...
 
bbqchickenrobot said:
...If soon, wait to go back, get married here and then apply for advanced parole to go back to russia or wait for the Adjustment of Status application to be approved then go back.
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You can't use AP in situations where you are subject to a reentry ban. The OP would have to marry a USC and have the I-485 approved before being able to safely leave the country.
 
So you are currently out of status and are in US illegally? I would think that would go against you if your boyfriend becomes a citizen and wanted to sponsor you.
 
boatbod said:
You can't use AP in situations where you are subject to a reentry ban. The OP would have to marry a USC and have the I-485 approved before being able to safely leave the country.
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How sure are you about this? I heard it was ok as once you file for AoS you are no longer out of status - but, I could be mistaken. Anyhow - as always - I recommend getting advice from this board and taking it to an attorney and bouncing those ideas of of him/her. That's what I did - made communication much easier between the lawyer and I.
 
bbqchickenrobot said:
How sure are you about this? I heard it was ok as once you file for AoS you are no longer out of status - but, I could be mistaken. Anyhow - as always - I recommend getting advice from this board and taking it to an attorney and bouncing those ideas of of him/her. That's what I did - made communication much easier between the lawyer and I.
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BoatBod's comment is accurate. I don't think the AP will first of all be approved because of the overstay and even if it is the OP will be subject to a 10 yr ban because of the visa overstay if the OP decides to leave the country before the I485 is approved.
 
VivaLasVegas said:
BoatBod's comment is accurate. I don't think the AP will first of all be approved because of the overstay and even if it is the OP will be subject to a 10 yr ban because of the visa overstay if the OP decides to leave the country before the I485 is approved.
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From what I've read here before, I think there is a good possibility that the AP might be approved, however that doesn't mean the holder will be able to successfully use it. Remember that (re)entry to the US is decided entirely at the discretion of the officer at PoE.
 
If you stay in the US and wait out for your boyfriend to become a citizen, then when he is naturalised he CAN sponsor you as a spouse (presuming you get married of course). An overstay is generally forgiven upon marriage to a US citizen. Though, as you are already aware, this can not happen until he has citizenship, but as he applied for it 5 months ago, I cant imagine the wait should be that much longer.
The J1 work and travel visa is different to the study visa and as far as Im aware, it does not require a 2 year home residency so this should not be a problem (infact Im 99.9999% positive that it does not).
If you decide that you have to return home, then the 10 year ban will kick in. Your fiance could apply for a K1 fiance visa, the petition will be accepted but the visa will be denied because of this ban. At this point you would need to apply for a waiver to prove extreme hardship- whilst it is possible to get a waiver to override this ban, I would say that it is more likely that the waiver would be denied. So to leave the US would mean not being able to enter the US for 10....of course your fiance could come and live with you in your home country, but you would not be allowed to go to the US until the ban is over.
So my advise is.......stay in the US, get married, apply for Adjustment of Status once your fiance's becomes a citizen, and prepare and gather evidence (photos, emails, cards, letters etc) to convince the interviewing officer that you have entered into marriage in good faith (and not just to stay in the states).
Good luck and let me know what you decide to do.
 
boatbod said:
From what I've read here before, I think there is a good possibility that the AP might be approved, however that doesn't mean the holder will be able to successfully use it. Remember that (re)entry to the US is decided entirely at the discretion of the officer at PoE.
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Youre right, AP WILL be approved, its just not wise to attempt to use it as the overstay will trigger red flags upon entry back into the States with a high likelihood that the AP holder will not be allowed entry back into the US.
 
Thanks everybody for your replies! Very helpful infrotmation! I'll be seriously thinking about whether I should go to Russia or not.
Anyway, if I go back to Russia and will have a 10 years ban, can I do anything about it? 2 year rule doesn't apply to my country, I checked in my visa. So if I go back and will be subject a 10 year ban and my boyfriend comes to Russia and we marry, will we be able to do anything about this ban??
 
Olechka said:
Thanks everybody for your replies! Very helpful infrotmation! I'll be seriously thinking about whether I should go to Russia or not.
Anyway, if I go back to Russia and will have a 10 years ban, can I do anything about it? 2 year rule doesn't apply to my country, I checked in my visa. So if I go back and will be subject a 10 year ban and my boyfriend comes to Russia and we marry, will we be able to do anything about this ban??
Click to expand...

Please read the post that I have written above in which I have answered all your questions. Like myself and others have mentioned, if your chose to return back to Russia and then get married, to 'try' and overcome the ban you can file a waiver once your visa application (whether it be for a fiance visa or spouse visa) has been denied. For some people the waiver is successful, but unfortunately for the majority, the waiver is denied and the ban stands. You are taking a HUGE gamble if you return to Russia. The ONLY thing you can do about the ban is file a waiver, but the chances are it wont be successful. So if you chose to go back to Russia, you can probably be sure that you wont be coming back to the States within the next 10 years.
Your boyfriend coming over to Russia and marrying will make no difference what-so-ever in overcoming the ban.
 
Olechka said:
Thanks everybody for your replies! Very helpful infrotmation! I'll be seriously thinking about whether I should go to Russia or not.
Anyway, if I go back to Russia and will have a 10 years ban, can I do anything about it? 2 year rule doesn't apply to my country, I checked in my visa. So if I go back and will be subject a 10 year ban and my boyfriend comes to Russia and we marry, will we be able to do anything about this ban??
Click to expand...

Your chances are slim. I would NOT recommend you go that route. You will seriously be risking a 10 year ban. You can ask for waiver, but they don't just grant that to anyone/everyone. So - easiest way is to get married, file for AoS (some take as little as 3 months - mine took just under 6) and once you have your GC... take off to Russia!
 
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