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bellyrm09

Help! J1 visa expired can I readjust or get new status?

By bellyrm09 in Adjustment of Status from Work, Student, & Tourist Visas

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bellyrm09 Newbie

bellyrm09   0

Posted
Filed: Timeline
Posted (edited)

Hello everybody! I am a new member of this site ... If I would have known about this site before my situation will be different ... This is my case:

I came with a J1 aupair cultural exchange visa 8 years ago with the 2 year rule requierement and D/S written in my I-94... I applied for a turist visa but they denied to me based on the 2 year rule . I overstayed my visa . I got the J1 visa waiver 2 years ago got married and divorced and never applied for a greencard (we got divorced before filling out paperwork with ins). I am still in the country. I hurt my back and need surgery and I am considering to leave the US because of my back issue I wonder if I will be able to return? If I have any chance to come back to the US? Which are my options and or chances to come back? How I could be allowed to reenter the country? Is it possible for me to readjust my status being in the country before I leave? How could I do this?

I love this country and right now I have an american boyfriend who I think and feel could be the love of my life... It is hard to think to be withouth him and to leave the US ... I know I am in a tough situation but just in case I thought of posting and asking ... I am glad I found this forum any ideas thoughts and or advices are really appreciated ... I live in Atlanta, GA any good inmigration lawyer someone you might recommend?

Thanks a lot!

A

Edited by bellyrm09
Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

From the info I can glean from your post, you will probably be facing some sort of ban if you leave the US, since I do not know your current status (you have a complicated history)

I would recommend a good lawyer to go over your history and see what you can do.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

juliaS Rookie

juliaS   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted
Hello everybody! I am a new member of this site ... If I would have known about this site before my situation will be different ... This is my case:

I came with a J1 aupair cultural exchange visa 8 years ago with the 2 year rule requierement and D/S written in my I-94... I applied for a turist visa but they denied to me based on the 2 year rule . I overstayed my visa . I got the J1 visa waiver 2 years ago got married and divorced and never applied for a greencard (we got divorced before filling out paperwork with ins). I am still in the country. I hurt my back and need surgery and I am considering to leave the US because of my back issue I wonder if I will be able to return? If I have any chance to come back to the US? Which are my options and or chances to come back? How I could be allowed to reenter the country? Is it possible for me to readjust my status being in the country before I leave? How could I do this?

I love this country and right now I have an american boyfriend who I think and feel could be the love of my life... It is hard to think to be withouth him and to leave the US ... I know I am in a tough situation but just in case I thought of posting and asking ... I am glad I found this forum any ideas thoughts and or advices are really appreciated ... I live in Atlanta, GA any good inmigration lawyer someone you might recommend?

Thanks a lot!

A

Hey...

My experience is similiar to yours...I came to the USA 6 years ago as AUPAIR and overstayed my visa...Got married and got divorced but never applied for AOS....A year ago I got married again an now I am green card holder....My advice is marry your boyfriend and apply for green card asap...Now USCIS processes cases faster...It took me 4 months....But I don't know anything about 2 year requirement...I didn't have that...Consult a good lawyer..Good luck!!!

08/14/2008 - I 130 sent

11/21/2008 - I-130 upgraded to USC

12/17/2008 - I-130 approved

12/30/2008 - I-485, I-693, I-864, I-131, I-765 sent

01/10/2009 - NOA for I-485, I-131 received I-765 rejected (old form)

01/12/2009 - I-765 resubmitted

01/14/2009 - received letter for biometrics appointment on January 27

01/20/2009 - NOA for I-765 received

01/21/2009 - biometrics walk-in

03/10/2009 - CRIS e-mail I-131 approved

03/14/2009 - letter for initial interview on April 27 received

03/16/2009 - AP received

03/27/2009 - EAD in mail...Status online"still pending"

04/27/2009 - AOS interview - approved!!!!!!!

05/02/2009 - welcome letter in mail...Status online " still pending"

05/05/2009 - GREEN CARD received!!!!!!!!!YEAH!!!!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
Hello everybody! I am a new member of this site ... If I would have known about this site before my situation will be different ... This is my case:

I came with a J1 aupair cultural exchange visa 8 years ago with the 2 year rule requierement and D/S written in my I-94... I applied for a turist visa but they denied to me based on the 2 year rule . I overstayed my visa . I got the J1 visa waiver 2 years ago got married and divorced and never applied for a greencard (we got divorced before filling out paperwork with ins). I am still in the country. I hurt my back and need surgery and I am considering to leave the US because of my back issue I wonder if I will be able to return? If I have any chance to come back to the US? Which are my options and or chances to come back? How I could be allowed to reenter the country? Is it possible for me to readjust my status being in the country before I leave? How could I do this?

I love this country and right now I have an american boyfriend who I think and feel could be the love of my life... It is hard to think to be withouth him and to leave the US ... I know I am in a tough situation but just in case I thought of posting and asking ... I am glad I found this forum any ideas thoughts and or advices are really appreciated ... I live in Atlanta, GA any good inmigration lawyer someone you might recommend?

Thanks a lot!

A

Hey...

My experience is similiar to yours...I came to the USA 6 years ago as AUPAIR and overstayed my visa...Got married and got divorced but never applied for AOS....A year ago I got married again an now I am green card holder....My advice is marry your boyfriend and apply for green card asap...Now USCIS processes cases faster...It took me 4 months....But I don't know anything about 2 year requirement...I didn't have that...Consult a good lawyer..Good luck!!!

The two year requirment will probably not factor in, since she has an approved waiver for that.

Yes, getting married to the current boyfriend may allow her to AOS, but I can't comment on that, as the OP posted just thinks and feels he could be the love of her life.

It wouldn't be wise to jump into another marriage, if she is not sure...

Marriage just for immigration purposes is not legal :no:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

juliaS Rookie

juliaS   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted
Hello everybody! I am a new member of this site ... If I would have known about this site before my situation will be different ... This is my case:

I came with a J1 aupair cultural exchange visa 8 years ago with the 2 year rule requierement and D/S written in my I-94... I applied for a turist visa but they denied to me based on the 2 year rule . I overstayed my visa . I got the J1 visa waiver 2 years ago got married and divorced and never applied for a greencard (we got divorced before filling out paperwork with ins). I am still in the country. I hurt my back and need surgery and I am considering to leave the US because of my back issue I wonder if I will be able to return? If I have any chance to come back to the US? Which are my options and or chances to come back? How I could be allowed to reenter the country? Is it possible for me to readjust my status being in the country before I leave? How could I do this?

I love this country and right now I have an american boyfriend who I think and feel could be the love of my life... It is hard to think to be withouth him and to leave the US ... I know I am in a tough situation but just in case I thought of posting and asking ... I am glad I found this forum any ideas thoughts and or advices are really appreciated ... I live in Atlanta, GA any good inmigration lawyer someone you might recommend?

Thanks a lot!

A

Hey...

My experience is similiar to yours...I came to the USA 6 years ago as AUPAIR and overstayed my visa...Got married and got divorced but never applied for AOS....A year ago I got married again an now I am green card holder....My advice is marry your boyfriend and apply for green card asap...Now USCIS processes cases faster...It took me 4 months....But I don't know anything about 2 year requirement...I didn't have that...Consult a good lawyer..Good luck!!!

The two year requirment will probably not factor in, since she has an approved waiver for that.

Yes, getting married to the current boyfriend may allow her to AOS, but I can't comment on that, as the OP posted just thinks and feels he could be the love of her life.

It wouldn't be wise to jump into another marriage, if she is not sure...

Marriage just for immigration purposes is not legal :no:

You are right...I wouldn't rush into another marriage...But I don't see another way for OP to leave country and come back...She will banned for 10 years...

08/14/2008 - I 130 sent

11/21/2008 - I-130 upgraded to USC

12/17/2008 - I-130 approved

12/30/2008 - I-485, I-693, I-864, I-131, I-765 sent

01/10/2009 - NOA for I-485, I-131 received I-765 rejected (old form)

01/12/2009 - I-765 resubmitted

01/14/2009 - received letter for biometrics appointment on January 27

01/20/2009 - NOA for I-765 received

01/21/2009 - biometrics walk-in

03/10/2009 - CRIS e-mail I-131 approved

03/14/2009 - letter for initial interview on April 27 received

03/16/2009 - AP received

03/27/2009 - EAD in mail...Status online"still pending"

04/27/2009 - AOS interview - approved!!!!!!!

05/02/2009 - welcome letter in mail...Status online " still pending"

05/05/2009 - GREEN CARD received!!!!!!!!!YEAH!!!!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
Hello everybody! I am a new member of this site ... If I would have known about this site before my situation will be different ... This is my case:

I came with a J1 aupair cultural exchange visa 8 years ago with the 2 year rule requierement and D/S written in my I-94... I applied for a turist visa but they denied to me based on the 2 year rule . I overstayed my visa . I got the J1 visa waiver 2 years ago got married and divorced and never applied for a greencard (we got divorced before filling out paperwork with ins). I am still in the country. I hurt my back and need surgery and I am considering to leave the US because of my back issue I wonder if I will be able to return? If I have any chance to come back to the US? Which are my options and or chances to come back? How I could be allowed to reenter the country? Is it possible for me to readjust my status being in the country before I leave? How could I do this?

I love this country and right now I have an american boyfriend who I think and feel could be the love of my life... It is hard to think to be withouth him and to leave the US ... I know I am in a tough situation but just in case I thought of posting and asking ... I am glad I found this forum any ideas thoughts and or advices are really appreciated ... I live in Atlanta, GA any good inmigration lawyer someone you might recommend?

Thanks a lot!

A

Hey...

My experience is similiar to yours...I came to the USA 6 years ago as AUPAIR and overstayed my visa...Got married and got divorced but never applied for AOS....A year ago I got married again an now I am green card holder....My advice is marry your boyfriend and apply for green card asap...Now USCIS processes cases faster...It took me 4 months....But I don't know anything about 2 year requirement...I didn't have that...Consult a good lawyer..Good luck!!!

The two year requirment will probably not factor in, since she has an approved waiver for that.

Yes, getting married to the current boyfriend may allow her to AOS, but I can't comment on that, as the OP posted just thinks and feels he could be the love of her life.

It wouldn't be wise to jump into another marriage, if she is not sure...

Marriage just for immigration purposes is not legal :no:

You are right...I wouldn't rush into another marriage...But I don't see another way for OP to leave country and come back...She will banned for 10 years...

Not necessarily. Since her original visa had D/S stamped on it, an IJ is the only one that can determine her status (if she was out of status), and I am judging by the info presented, she never went before one.

So, a lawyer would be a good place to start.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

bellyrm09 Newbie

bellyrm09   0

Posted
Filed: Timeline
  • Author
Posted

Hey guys! thank you for your replys... It is amazing Julia that our case have so many similarities Im sure there are many aupairs out there in the same situation ... and yes the best way is to get married I know that one but I am just wondering what other ways are out there for me to become legal ... Me and my boyfriend are in love and marriage is a possibility but as I'm injured I might have to leave soon therefore I'm trying to find out which are all the ways and possibilities before leaving ... I think Bobby is right about me going to consult an inmigration attorney let's see what this attorney says about the D/S on my I-94 ... If my boyfriend goes to marry me in my home country after how long would I be able to come back to the US? just wondering ...

Thanks for your comments

friendly

A

juliaS Rookie

juliaS   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

Why do you have to leave? Can you get medical assistance over here?

08/14/2008 - I 130 sent

11/21/2008 - I-130 upgraded to USC

12/17/2008 - I-130 approved

12/30/2008 - I-485, I-693, I-864, I-131, I-765 sent

01/10/2009 - NOA for I-485, I-131 received I-765 rejected (old form)

01/12/2009 - I-765 resubmitted

01/14/2009 - received letter for biometrics appointment on January 27

01/20/2009 - NOA for I-765 received

01/21/2009 - biometrics walk-in

03/10/2009 - CRIS e-mail I-131 approved

03/14/2009 - letter for initial interview on April 27 received

03/16/2009 - AP received

03/27/2009 - EAD in mail...Status online"still pending"

04/27/2009 - AOS interview - approved!!!!!!!

05/02/2009 - welcome letter in mail...Status online " still pending"

05/05/2009 - GREEN CARD received!!!!!!!!!YEAH!!!!

 
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