AOS - questions : J1 Out of Status

[dracoasa 0]

Hi everybody,

I am trying to help out a friend. She came in US with a J1 Visa (no restriction to go back to her country for 2 yrs)in 2007; after few months her I-94 expired. She got married; her husband was at that time a permanent resident; he is US citizen starting with last week. Now, i have few questions for you guys:

1. On the I 485 in Part 1 is a line that reads "Current USCIS Status"; what she should say there? - J1 Visa expired in 10/01/2007 - do we mention just the visa type or we write also that it's out of status???? the same questions is on the application for work permit. At the current status what she should write?

2. After the email her husband sent to NVC to inform them that he is a US citizen how long she should wait before senting the AOS and EAD application to USCIS? I forgot to mention: they have the I 130 approved since March 2010 (he was still permanent resident at that time)

3. Does he still have to fill the Affidavit of Support? If yes, on the Affidavit, where is the household count he has to use "1"

for the sponsored person, "1" for himself and "0" for the spouse, because he already counted her? They are only 2 in the household (the US citizen and the person that files for AOS.

If i was not clear enough you can ask me and i will clarify it.

Thanks a lot for your help.

[payxibka 10,045]

Hi everybody,

I am trying to help out a friend. She came in US with a J1 Visa (no restriction to go back to her country for 2 yrs)in 2007; after few months her I-94 expired. She got married; her husband was at that time a permanent resident; he is US citizen starting with last week. Now, i have few questions for you guys:

1. On the I 485 in Part 1 is a line that reads "Current USCIS Status"; what she should say there? - J1 Visa expired in 10/01/2007 - do we mention just the visa type or we write also that it's out of status???? the same questions is on the application for work permit. At the current status what she should write?

2. After the email her husband sent to NVC to inform them that he is a US citizen how long she should wait before senting the AOS and EAD application to USCIS? I forgot to mention: they have the I 130 approved since March 2010 (he was still permanent resident at that time)

3. Does he still have to fill the Affidavit of Support? If yes, on the Affidavit, where is the household count he has to use "1"

for the sponsored person, "1" for himself and "0" for the spouse, because he already counted her? They are only 2 in the household (the US citizen and the person that files for AOS.

If i was not clear enough you can ask me and i will clarify it.

Thanks a lot for your help.

1) Current status = J-1

2) I don't think he needs to tell NVC he is a citizen as NVC will not be processing the petition for a visa. He will file the I-485 with the USCIS and they will request it back from NVC so they can process it

3) Yes I-864 required, and you are correct a total of 2

[VanessaTony 3,567]

Please make sure she also files an I-130.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a J1 visa and the prior forum is for K1, K2, K3 & K4**

[dracoasa 0]

Please make sure she also files an I-130.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a J1 visa and the prior forum is for K1, K2, K3 & K4**

why do they have to get an other I 130 once they already have it approved? When we called USCIS and NVC they said that all it has to be done is to get an update on this one (the one that is already approved)

[ValerieA 350]

Yeah, I don't think they should have to refile the I-130, unless there is some weird thing because of his change in status?

[Nakria 0]

Hi everybody,

I am trying to help out a friend. She came in US with a J1 Visa (no restriction to go back to her country for 2 yrs)in 2007; after few months her I-94 expired. She got married; her husband was at that time a permanent resident; he is US citizen starting with last week. Now, i have few questions for you guys:

1. On the I 485 in Part 1 is a line that reads "Current USCIS Status"; what she should say there? - J1 Visa expired in 10/01/2007 - do we mention just the visa type or we write also that it's out of status???? the same questions is on the application for work permit. At the current status what she should write?

2. After the email her husband sent to NVC to inform them that he is a US citizen how long she should wait before senting the AOS and EAD application to USCIS? I forgot to mention: they have the I 130 approved since March 2010 (he was still permanent resident at that time)

3. Does he still have to fill the Affidavit of Support? If yes, on the Affidavit, where is the household count he has to use "1"

for the sponsored person, "1" for himself and "0" for the spouse, because he already counted her? They are only 2 in the household (the US citizen and the person that files for AOS.

If i was not clear enough you can ask me and i will clarify it.

Thanks a lot for your help.

1. "Out of status" because that is her current status.

2. I don't think she needs to wait. Since he was issued a naturalization certificate his status has changed from a lawful permanent resident to a US citizen. In form I-485 Part 2 mark an A.

3. Yes he has to file I-864. The numbers - exactly how you said.

Hopefully this helps!

Good luck!!!

[Alla 3]

1. "Out of status" because that is her current status.

That's wrong. You should say J1.

Read instructions.

[Nakria 0]

That's wrong. You should say J1.

Read instructions.

Where does it in the instructions for I-485 say she should put J-1? I can't find it!!!

The only think I can see is that in form I-485 Part 1 they ask for current status and that is

out of status in her case.

[ValerieA 350]

For what it is worth, my lawyer had me put in "B-2 Out of Status"

[payxibka 10,045]

your status that you entered as does not change until you adjust that status (or leave the USA)... If you entered as a J-1, you remain J-1 until you adjust it to something else, or leave

[Alla 3]

Where does it in the instructions for I-485 say she should put J-1? I can't find it!!!

The only think I can see is that in form I-485 Part 1 they ask for current status and that is

out of status in her case.

I'm not going through forms to prove it to you. The main purpose of that question for them is to see what are you adjusting from. And her status is J1. Yes it's expired but they can see it in next question.

If you are not sure,please think twice before confusing people.

[Kittyfang 6]

I'm not going through forms to prove it to you. The main purpose of that question for them is to see what are you adjusting from. And her status is J1. Yes it's expired but they can see it in next question.

If you are not sure,please think twice before confusing people.

For what it's worth, I came here as a Visitor and I overstayed. I put down "Out of Status".

I haven't seen any instructions regarding J1 visa and what someone should put down once they are out of status... even tho I did take some to look trough the instructions.

I think that, if you're not sure, and still can't find an answer you like, you can put down something like what ValerieA said "J1 - Out of Status".

[JimVaPhuong 4,863]

The instructions don't give a line-by-line description of what to write. I'm curious, though - if you write "out of status" then what do you write on the line next to it that says "Expires on"? When does "out of status" expire?

Personally, I don't think USCIS is going to beat you up if don't answer this question exactly right, but I think it makes sense to write what sort of pass you entered with and the date that pass expired. You don't have to explicitly tell them your status has expired. They can figure that out.

[Kittyfang 6]

The instructions don't give a line-by-line description of what to write. I'm curious, though - if you write "out of status" then what do you write on the line next to it that says "Expires on"? When does "out of status" expire?

Personally, I don't think USCIS is going to beat you up if don't answer this question exactly right, but I think it makes sense to write what sort of pass you entered with and the date that pass expired. You don't have to explicitly tell them your status has expired. They can figure that out.

Well, I didn't write anything in "Expires on", but that's only because, being Canadian, I didn't have an I-94 and I wasn't sure what date to put down.

However, I agree with Jim, it's probably better to indicate what kind of visa you had, even if it is expired.

[engineer21 51]

The instructions don't give a line-by-line description of what to write. I'm curious, though - if you write "out of status" then what do you write on the line next to it that says "Expires on"? When does "out of status" expire?

Personally, I don't think USCIS is going to beat you up if don't answer this question exactly right, but I think it makes sense to write what sort of pass you entered with and the date that pass expired. You don't have to explicitly tell them your status has expired. They can figure that out.

Hmm.. I think it would be better to write the J-1 status.

Then in the next question where it asks for expiration, put down the J-1 expiration.

When I talked to a lawyer prior to starting my AOS, they said that being out of status is almost always forgiven, especially if you entered the US legally.

So IMO it would be better for someone's case to show that he/she HAD a status at some point rather than just saying "out of status"

Should probably talk to an actual lawyer tho..