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Filed: Timeline
Posted

Hello,

I came to the United States with a J1 visa and before my visa expires I was switching to F1 visa, but my F1 visa got denied and I just decided to stay in the US with an expire J1 visa. Now my boyfriend and I got married and I am filing my papers to get a green card. And there's some forms that asks of what kind of visa I am in right now, should I just put OUT OF STATUS or should I just leave it blank? or what should i put on there as my answer?

Please help.

Thank you!

Filed: AOS (apr) Country: Bulgaria
Timeline
Posted

Since you ARE out of status then this is what you should probably write. They also ask what was your entry status where you can specified that it was J1. Why on earth would they deny you a F1? It is also ok to attach additional page and explain your situation with your own words.

12/21/2009 Package mailed

12/23/2009 Package received

01/04/2010 All 3 NOA received dated 12/30

01/14/2010 Applied for expedite, I-130 and I-765 touched

01/30/2010 Received Biometrics appointment scheduled for 02/23/2010

02/02/2010 Walked in and did biometrics

02/03/2010 Touched I-765 and I-485

02/19/2010 EAD Card production ordered

02/26/2010 Received interview appointment letter for 03/29

02/27/2010 EAD arrived in mail (Day 51)

03/03/2010 Filed for change in address

03/08/2010 Received change in address confirmation

03/29/2010 INTERVIEW AT 9:30AM - APPROVED (Day 81)

03/31/2010 Card production ordered. YEY!

04/24/2010 Card received after all the trouble!

01/03/2012 Filed I-751 Petition to Remove Conditions of Residence

01/11/2012 Received Notice of Action Dated 01/06/2012

Posted

if you asking for question #15, form I-765: NONE

few forms asking for your entry status: J1

good luck

11/01/11-ROC sent

11/10/11-NOA 1 (received 11/10)

11/14/11-BIO APP. NOTICE (received 11/16)

12/12/11- BIO APP-DONE

08/08/12-10 years GC in mail

Posted

Did your J1 have a 2-year home residency requirement?

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
Did your J1 have a 2-year home residency requirement?

All J-1's have a 2 year HRR (home residency requirement which is why it is not straight forward to switch to an F-1. You can get around the HRR nowadays almost routinely by asking the DOS for a No Objection letter or basically request a waiver. 20 years ago it was impossible to overcome the HRR or get a waiver approved.

Naturalization N-400

Posted
All J-1's have a 2 year HRR (home residency requirement which is why it is not straight forward to switch to an F-1. You can get around the HRR nowadays almost routinely by asking the DOS for a No Objection letter or basically request a waiver. 20 years ago it was impossible to overcome the HRR or get a waiver approved.

Really, I was under the impression that the HRR on J-1's was placed on the visa only on certain cases.

- when the course of study is financed by the US or home government (like Fullbright)

- when the J-1 recipient, after completing their studies, acquires a skill which is in high demand in their home country

- when the J-1 recipient is a med student partipating in an internship or fellowship in the US.

funny-dog-pictures-wtf.jpg
Filed: Citizen (apr) Country: Moldova
Timeline
Posted
Really, I was under the impression that the HRR on J-1's was placed on the visa only on certain cases.

- when the course of study is financed by the US or home government (like Fullbright)

- when the J-1 recipient, after completing their studies, acquires a skill which is in high demand in their home country

- when the J-1 recipient is a med student partipating in an internship or fellowship in the US.

You are correct. It is not the case that all J-1s have a home residency requirement. (My wife's did not, for example.) It may be that there are some countries rom which all J-1s have HRR, that I do not know.

Filed: AOS (pnd) Country: Germany
Timeline
Posted
You are correct. It is not the case that all J-1s have a home residency requirement. (My wife's did not, for example.) It may be that there are some countries rom which all J-1s have HRR, that I do not know.

I second that: My J-1 states explicitly that I'm not subject to HRR.

AOS Timeline:

(in the US since Aug 02, starting on J-1, currently on H-1B)

Sep 4, 2009: US wedding (legal wedding date)

Sep 25, 2009: church wedding in Germany

Dec 21, 2009: case sent to government

Dec 22, 2009: government receipt date

Dec 31, 2009: I-130, I-131, I-485, I-765 touched

Jan 3, 2010: NOAs received for I-130, I-131, I-485, I-765 (all dated 12/28/2009), received two copies of each NOA...

Jan 14, 2010: I-130, I-131, I-765 touched

Jan 25, 2010: Biometrics appointment NOA received (dated 1/14/2010) for 02/09/2010

Jan 27, 2010: Biometrics completed at the Detroit ASC (walk-in)

Jan 28, 2010: I-485, I765 touched

Feb 13, 2010: Interview NOA received (dated 2/9/2010) for interview on 3/25/2010 @ Detroit USCIS

Feb 19, 2010: Second interview NOA received (dated 2/16/2010) for interview on 3/31/2010 @ USCIS Detroit

Feb 22, 2010: called USCIS to ask about duplicate NOA, got confirmation that system shows interview date of 3/25

Feb 25, 2010: my firm's immigration law department informed me about a memo they received from USCIS stating that there were problems with duplicate interview appointments

Feb 26, 2010: received letter from USCIS about erroneous interview notice and clarification about correct interview date: 3/25/10

 
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