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Filed: Timeline
Posted

Here's our story. We've been dating for a couple of years and every summer she has come here and left on time via J1 visa without the 2 year requirement. This summer I finally decided that I couldn't live without her and wanted to propose. I bought the ring in September it finally came in October and after waiting for her to translation of her Birth Certificate we finally have a license to get married. We will be getting married asap but it scares me that its the day before her visa expires. I fear that my procrastination will come back to bite me.

Will we have problems by being married before the visa expires and sending the forms in after it expires. I've read so many things and it makes me sick because we want to make sure everything is right. We can't imagine not being able to be together because of some paperwork. Originally I felt that I could do the paperwork on my own but I will be consulting with an attorney today for advice. Everyone seems so helpful here I'm asking for some advice and support. This is suppose to be a happy day for us and instead we are just scared of not filing papers correctly. Thanks

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Here's our story. We've been dating for a couple of years and every summer she has come here and left on time via J1 visa without the 2 year requirement. This summer I finally decided that I couldn't live without her and wanted to propose. I bought the ring in September it finally came in October and after waiting for her to translation of her Birth Certificate we finally have a license to get married. We will be getting married asap but it scares me that its the day before her visa expires. I fear that my procrastination will come back to bite me.

Will we have problems by being married before the visa expires and sending the forms in after it expires. I've read so many things and it makes me sick because we want to make sure everything is right. We can't imagine not being able to be together because of some paperwork. Originally I felt that I could do the paperwork on my own but I will be consulting with an attorney today for advice. Everyone seems so helpful here I'm asking for some advice and support. This is suppose to be a happy day for us and instead we are just scared of not filing papers correctly. Thanks

If you decide to do this it is best to file all the paperwork ASAP. Once her J-1 expires she will begin to accrue "out of status" time. It is unlikely anyone will immediately come looking for her, but she has no "status" to remain, and if she is found (before the I-130/I-485 is filed) she will likely be placed in removal proceedings....

YMMV

Filed: Timeline
Posted

J1 is the visa that allows them to work. After that expires they are permitted to stay for an additional 30 days. My question is that do we have to file all the forms before the J1 expires or within the 30 days?

Filed: AOS (apr) Country: Philippines
Timeline
Posted
J1 is the visa that allows them to work. After that expires they are permitted to stay for an additional 30 days. My question is that do we have to file all the forms before the J1 expires or within the 30 days?

before the date they are to depart the USA

YMMV

Posted

Congrat dukexc.

I came here on a J1. Met my husband at summer camp in 2007 and have returned every summer since. This year we got married and I'm currently adjusting my status. Pretty similar situation to you guys so I know how you feel about the stress and paperwork. I'm pretty sure that everyone here would understand.

Everything would be plain sailing if you could file before her J1 expires, but since you're getting married the day before the expiration that prob won't happen.

I would just consult a good immigration attorney before the wedding day just to put your minds at rest.

As for the actual filing... VJ is amazing. Use the guides and if you have any problems.. post.

I will just add one thing, make sure all the forms you use are in date. I used an out of date one and it got sent back. :(

Adjusting from J1

06/15/07: Met at summer camp

06/02/08: Came back to camp, started dating

01/12/09: Returned to US for internship

05/02/09: Married in NH

10/12/09: I-130, I-485 and I-765 sent to Chicago Lockbox

10/14/09: AOS Package received in Chicago

10/21/09: Checks for I-130 and I-485 cashed

10/23/09: Received rejection notice for I-765 (Used outdated version of form, duh)

10/24/09: Received NOAs for I-130 and I-485

10/26/09: Resent updated I-765

10/28/09: RFE for I-485

11/02/09: Received RFE letter for I-864

11/05/09: Sent RFE back and received Biometrics appointment for 11/19 (I-485)

11/09/09: Received NOA for I-765 (finally!)

11/11/09: RFE received, case resumed

11/19/09: Biometrics done for I-485 (and I-765 without appointment letter!) - both touched PM

12/03/09: EAD card production ordered

12/07/09: EAD received

12/10/09: Received an e-mail saying I-765 was approved.... a little late!

12/11/09: Received interview appointment letter: January 11th, 8:40am

01/11/10: APPROVED at interview!

01/19/10: Green card received (It's not green.)

Filed: Timeline
Posted

Thanks so much for all the replies. We met with an attorney today and have decided that its worth the money to us for the attorney to do all the work. A huge weight has been lifted from our shoulders. Thank again for all the help and the best of luck to all.

 
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