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Michelle81

J1 visa is about to expire... AOS almost ready but not quite

By Michelle81 in Adjustment of Status from Work, Student, & Tourist Visas

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Michelle81 Rookie

Michelle81   0

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

Hi Everyone...

i thought i was all good and ready to file my AOS package and was going to send it off today....

Then i realized my packet wasnt complete. I missed out seeing i needed a medical examination form I-693.

i have no problem getting it done and in fact have already scheduled in an appointment, however its going to delay my applications getting sent off and filed.

I'm here in the USA and entered as a J1 on a working contract for 18months. the 18months will be up on the 22nd of this month. I tied the knot on August 31st. i was sure i had everything ready to send when i decided to re-read VJ forums.

my medical is scheduled for the 14th & 16th. if i send of my package the very next day express, but things dont go through and my actual visa date expires (minus 30day grace period) will i be out of status and need to go home anyway? will they keep the fees if this is the case and i cant stay???

ive heard i can get a waiver or something considering im already here and married.

any input will be greatly appreciated!

thanks,

Michelle81

Betti Enthusiast

Betti   1

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

Hi Michelle,

you will not have to leave the US once you filed for AOS. As soon as you get the NOAs (usually about 7-10 days after USCIS receives your package) you count as AOS pending and with that you are allowed to stay until they make a decision.

If your J-1 expires before you receive the NOAs it's not a big deal either, overstay is usually forgiven when married to a US citizen, plus, it's going to be only a few days anyway, don't worry about it.

Good luck again!

Shoot for the moon - even if you miss, you'll land among the stars...

AOS completed in 11/2009

ROC completed in 06/2012
Received BBG from Germany in 02/2013

Passed N-400 interview and civics test 06/07/2013

Oath ceremony some time in July

Inna Enthusiast

Inna   0

Posted
Filed: Other Country: Russia
 Timeline
Posted

Just like Betti said, you have nothing to worry about. As far as I know, student visas such as J-1, F-1, or work visas, have a grace period of 30-60 days(that you can spend in the US after your visa expires). Also, as an example, some people who ENTERED LEGALLY but overstayed their visas FOR YEARS, after marrying US citizens, are able to adjust status without having to leave the US. Thus, you have absolutely nothing to worry about :) Good luck.

2-year green card application:

07/29/2009- Mailed I-130, I-485, I-693, I-864, I-864A, G-325A, I-765 via USPS.

08/02/2009- Package delivered to Chicago.

08/06/2009- Checks cashed.

08/10/2009- Received NOA's for I-485, I-130, I-765 (issued August 6th).

08/19/2009- Recieved Biometrics Appointment notice (bio apt 9/12 at 9am).

08/21/2009- Recieved RFE for I-485 (issued August 17th).

08/22/2009- Responded to RFE.

09/01/2009- Case processing resumed (RFE recieved on 8/27/2009).

09/01/2009- Walk-in biometrics at 1:00pm, in and out in 15mins.

09/09/2009- Recieved e-mail: EAD card production ordered on 09/08/2009.

09/14/2009- Recieved another e-mail: EAD card production ordered (AGAIN!) on 09/11/2009.

09/16/2009- EAD recieved in the mail.

09/21/2009- Applied for a SSN.

09/30/2009- Recieved SSC.

10/14/2009- Received interview notice (Interview on 11/16 at 9:35am)

11/16/2009- Interview,APPROVED and CARD production ordered e-mail!Yay!

11/19/2009- Welcome Notice Recieved and Card production ordered e-mail again!

11/27/2009- Received green card in the mail!

Removal of Conditions:

09/09/2011- Sent the package via Priority mail, with delivery confirmation.

09/12/2011- Package delivered.

09/13/2011- Check cashed.

09/14/2011- NOA issued and received on 09/17/2011.

09/15/2011- Biometrics appointment issued for 10/05

11/21/2011- Card production ordered.

Septembergold Enthusiast

Septembergold   0

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

My J-1 had been expired for more than 6 months before we were finally ready to file AOS. Everything went well. You`re fine. Don`t worry.

Sometime in 11/2006 --- Met online

09/26/2008 --- Got married

04/03/2009 --- AOS package sent

07/13/2009 --- Interview in Detroit,MI. Approved!!!

07/25/2009 --- GC received! Total: 3 months 12 days from NOA1 to GC mailboxhappy.gif

05/17/2011 --- ROC package sent

05/25/2011 --- NOA1 received

06/27/2011 --- Biometrics

10/17/2011 --- Approved! confetti.gif

10/21/2011 --- Received Permanent GC

 
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