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honeymoon while on J1 visa

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Hi All!

Here's a complicated one for you...

I am in the States on a J1 visa - the original term was from October 2007 - 2008, but i applied for an extension so the expiry date is now October 2009. I have no HRR.

I am planning to marry my USC partner in early August, and we had planned to go on our honeymoon to Panama on August 18 to visit my partner's family (he was born in the US but his father is from Panama). We plan to do this before applying for the AOS as this will be our last chance to go out of the country before the whole GC application process. Foolishly we went ahead and booked tickets without thinking twice. Now i have learned that this may not be possible:

Apparently when i extended my stay, my DS2019 was updated but my actual visa still expired in October 2008, which means that if i leave the country i will have to go through the whole visa application process again but this time in Panama. Needless to say this raises a whole bunch of worries applying from a third country etc. But i just thought of another possible complication - if i went and applied for a J1 visa then entered the States and within a month i'm applying for an AOS having already gotten married before i left the country do I risk having the accusations of fraudulently entering the country.

Oh my god, i'm pulling my hair out over all this! Any help will be much appreciated...

Thanks!

09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

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Simple solution. Don't leave the US till you marry, get the AOS and apply for the AP (which allows you to travel).

Anything else is risky and may entail more time/money.

Eat the costs of the plane tickets or ask to re-schedule (usually a small fee to do that).

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

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Filed: Citizen (apr) Country: Moldova
Timeline
Hi All!

Here's a complicated one for you...

I am in the States on a J1 visa - the original term was from October 2007 - 2008, but i applied for an extension so the expiry date is now October 2009. I have no HRR.

I am planning to marry my USC partner in early August, and we had planned to go on our honeymoon to Panama on August 18 to visit my partner's family (he was born in the US but his father is from Panama). We plan to do this before applying for the AOS as this will be our last chance to go out of the country before the whole GC application process. Foolishly we went ahead and booked tickets without thinking twice. Now i have learned that this may not be possible:

Apparently when i extended my stay, my DS2019 was updated but my actual visa still expired in October 2008, which means that if i leave the country i will have to go through the whole visa application process again but this time in Panama. Needless to say this raises a whole bunch of worries applying from a third country etc. But i just thought of another possible complication - if i went and applied for a J1 visa then entered the States and within a month i'm applying for an AOS having already gotten married before i left the country do I risk having the accusations of fraudulently entering the country.

Oh my god, i'm pulling my hair out over all this! Any help will be much appreciated...

Thanks!

There's a pretty good chance you won't get another J1 Visa under these circumstances. (The visa application asks about relatives in the US, I believe.) Remember, you need to convince the consular officer that you have no immigration intent, which is gong to be hard.

Bobby gives good advice.

You need to pay the fee that the airline wants to change your tickets, and go on the trip later, after the AOS application when you have your AP/

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Filed: AOS (pnd) Country: Romania
Timeline

Are you/were an au pair?? If "yes" than I am familiar with cases like yours. You are right: your legal stay here was extended, but the visa itself in your passport will expire in Oct 2009. If you go back to your country now and try to get an extension on your passport, like you say, being from a third country, they might denie issueing an extension.

I understand you, but like someone previously said: postpone the honeymoon, apply for AOS and AP. The soonest you have the Advanced Parole, AP, in hands than you can leave/reenter US with no problems.

Sucks, we know, but that's the system :wacko:

D and T

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Thanks everyone. I guess i already knew what the answer was going to be for this one - i just needed to here it from someone else. :0(

09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

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