J1 visa with 2years rule

[Lais Oliveira 0]

Hello,

My name is Lais, Im from Brazil and I have a J1 visa (aupair) with 2 year rule. I'm not an aupair anymore I left the program 6 months ago to live with my boyfriend and his family. We are planning on getting married, but we don't know if it will be an issue since i have the two year rule.

I'm on my second year here with an extension paper which is valid until June 8th 2010 and I already brought my flight ticket back to Brazil for May 26th 2010 to visit my family.

We would like to know if...

1. filing the I-129F papers now would help or hurt.

2. we file the I-129F papers does that then cancel the 'two year rule' allowing me to return after the I-129F is approved

3. i do have to wait the two years, how can a get the J Waiver

4. there is a problem because I left the program and I am no longer an aupair

Do we still need to file the I-129F papers even though I am living here or is there some kind of loophole where we could marry without it.

[lizzcannon 0]

You should know that someone on a J-1 is normally in a “duration of stay” status. This means that they do not begin to accrue unlawful status until a) An Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable; or, B) The INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred.

You have, however, failed to maintain lawful status by leaving your program and remaining in the US. It is also too late for you to change your status.

That means that if you stay in the US and try to change your status you will likely be told you have failed to maintain lawful status and then you WILL begin to accrue unlawful status.

If you leave now you should be able to return with a number of different types of visas (but not a fiancé(e) or spousal visa). None of these visas nor an I-129 will waive your 2-year requirement. That must be done with a specific waiver

here is more information:

http://travel.state.gov/visa/temp/info/info_1296.html

Lizz Cannon

While I am an immigration attorney none of the above should be construed as legal advice but is simply a recitation of law or past experience. You should always consult with an attorney before acting on your case.

[ladywhite 0]

First of all, make certain you do have a 2 year rule. From my experience knowing some people from my home country, Thailand, who were aupairs and came to the States, they did not have this rule attached to them.

I was a j-1 holder but not an aupair and I didn't stay in the US after I graduated school, so I can't answer some of your questions. What I can tell you is that it is too late for you to get a waiver (and you have been out of the program and I think you have been in the US illegally -- I'm sorry if I am wrong).

With this 2 year rule, you can't adjust status. You are required to go back to your home country and be physically present in the country for 2 years before you can get a fiance visa. You won't be granted a fiance visa if you have not fulfilled the 2 year rule.

In your case, even though you returned to your country and fulfilled this 2 year rule, I'm not sure if you would be eligible for a fiance visa. Your problem would be your overstay after you were out of the program. Again, if I'm mistaken, I apologize. I am not sure of your current status.

Do some searches on VJ for the J-1 related questions. There have been good discussions on here off and on.

Best of luck.

Ladywhite

[msu17 0]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

There is the link to what the USCIS says on the 2 year rule.

And yes, you are still eligible for the fiance visa. If they do recognize your time out of the program as unlawful presense, you just need to file a waiver at your embassy. Definitely look into if you DO have the 2 year rule applied, since if you DON'T, it would make much more sense to just marry now and directly adjust. Much cheaper, quicker and easier