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Filed: Citizen (apr) Country: Peru
Timeline
Posted

Hi everyone, I am asking this in behalf of a friend of mine. She came here with a J1visa a bit more than a year ago, and fell in love and married a coworker. Her J1 visa had the 2 year restriction, and she applied for a waiver that has finally been approved, although the approval letter is yet to be received (they confirmed its issuance over the phone). She has two questions now, and I told her I was sure you'd be able to help.

1. How to go about changing her status now that she finally has the waiver? Her J1 visa actually expired a year ago, and she has been happily married for more than a year.

2. Would she have to wait until she received the physical notice of approval for the waiver before beginning the AoS?

thank you!

Posted
Hi everyone, I am asking this in behalf of a friend of mine. She came here with a J1visa a bit more than a year ago, and fell in love and married a coworker. Her J1 visa had the 2 year restriction, and she applied for a waiver that has finally been approved, although the approval letter is yet to be received (they confirmed its issuance over the phone). She has two questions now, and I told her I was sure you'd be able to help.

1. How to go about changing her status now that she finally has the waiver? Her J1 visa actually expired a year ago, and she has been happily married for more than a year.

2. Would she have to wait until she received the physical notice of approval for the waiver before beginning the AoS?

thank you!

She will want to check out this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2 for adjustment of status while in the US. Her overstay will be forgiven since she is married to a US citizen. My hubby came here on a J1 as well and although he wasn't subject to the 2 year requirement we did have to send in all evidence with the AOS regarding his J1 status (such as the DS-2019). She will need to send the notice of approval with the package but can start assembling everything else in the mean time. If she really wants to send it out and can't wait then she will just get an RFE requesting proof of the approval later on. This could delay the process a few weeks though. It depends how she wants to do it!

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Posted
Thank you so much! She will be happy, we were even considering a k3 visa, because we thought they could consider her as an out-of-status petitioner!

No, K3 wouldn't be the way to go. AOS is easier since she is already in the US. And no problem :)

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: Citizen (apr) Country: Romania
Timeline
Posted

As you have an approved J-1 waiver-your AOS should be a smooth process. It doesn't matter that you have been out of status.

Good luck! :thumbs: :thumbs:

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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