married on B1/B2 visa, 2 year residency requirement

[canareyka 0]

Hello everyone,

I'm kind of in a unique situation here, so I would appreciate your advice regarding my case. Sorry, it's a bit long.

I am from Ukraine. In 2005, I received a scholarship from the US Government to pursue my Masters Degree in the US from 2005-2007. My scholarship comes with a 2 year physical residency requirement condition, which means that I have to stay in Ukraine for 2 years after my graduate study. I can travel to the US and back but I can not change my immigration status.

While studying in the US, I met my future husband. I finished my graduate degree in May 2007 and went back to Ukraine traveling back and forth on B1/B2 visa to see my boy. On one of my visits he proposed to me and we decided to get married right away - a small ceremony, his friends and family only. After we got married, I went back to Ukraine and continued going back and forth to the US and back because of the 2 year residency requirement.

To this day, I fulfilled 22 months out of 24 months of physical residency condition, being physically on a territory of Ukraine for 22 months that is. I haven't counted my time when I was visiting my husband in the US. We decided to go for an adjustment of status because an immigration officer told us that as long as I can prove that I was a citizen of Ukraine all this time, even when I visited my husband, I'm ok.

Now, here is a question. Did anyone had a residency requirement which was not entirely completed and got their green card? Also, should I apply for K-3 first or for green card right away? In addition, what address should I put in all my forms? Technically, I'm still a resident of Ukraine. I haven't changed my status yet.

Thanks in advance!

[milimelo 4,550]

Where are you now? You're mentioning AOS so I presume in the US?

Since you left in May 2007, you should've been done in May 2009 - you should not count the time you visited the US as you still had residence in Ukraine (I hope it was not for 6 months at a time though).

I say go ahead and do the AOS - you're done with 2yr HRR.

Best of luck!

[canareyka 0]

Yes, I'm in the US. I never overstayed my I-94. SO I don't need any other visa, right? Should I go directly for AOS?

Thank you!!!