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whenifallinlove

J1 vs marry

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Filed: Country: Thailand
Timeline

I'm holding J! visa ( Training program ) 2 year rule does apply my visa will be expire on 15 September 2010. Actually the employer want to hire me longer they willing to issue new job offer (my J1 hospitality can't extend ) and i stuck with 2 year rule so i can't change to H1B visa. I used to discus with my American boyfriend we have been together for a year now we been together since i still live in Thailand. He live and work in Southeast Asia and work in Thailand. He just go back a couple week ago he came to stay with me for 5 months i lived with him in his mom's house & now i move to stay with his sister's house. He willing to marry me before my visa gonna expire. In my opinion first i have to do i should apply for J1 waiver as soon as possible right? I think i gonna send all document in a couple days.

This is my processing i think i should do if i have any misunderstanding please kindly suggest & my question is as below,

1.In my J1 waiver letter to Thai Embassy and US Department i should tell them the real reason or not? Such as why i want to apply for J1`waiver Do i have to tell them because i would like to work longer or i have a plan to marry. I afraid that will be risk they might not approve my J1 waiver.

-I don't think i could tell them the fact such as i want to have J1 waiver because i have a plan to marriage or i want to work longer. How can i tell the embassy why i want to remove this rule?

2.Marriage Certificate before visa gonna expire.I think we will be marry in August 2010.

-Do i have to show my Birth Certificate to marriage?

-Do i have to show my material status to marriage ? ( to gaurantee i'm single)

***After i send J1 waiver i have to wait about 4-8 months so while i'm waiting for J1 Waiver result i have to prepare all document for apply for Green Card right?

***Do i have to do Adjustment of my Status if i have to do when i have to do ka?

3.I think i might get J1 Waiver result on November or a months before or later.If it proved.

***It mean the J1 Waiver result will be know after my visa was expire but i still want to work & keep my status to stay in States until i get my Green card.It possible to do that ka?

-If i still want to working after my visa expire until i can apply for Green Card, How can i do ka?

-I would like to apply for Green card with out go back to Thailand so how can i keep my status to be legal ka?

4.Apply for Green card right?

***How long to take the time to get Green card ka?

5.My boyfriend he work as coral reef restoration in South East Asia he has his own company in thailand but his income not good he have no minimum income that USCIS require & i don't think he report the US governtment for his income tax too.

-In this case do i have to ask him to pay income tax for last three years ? How long it take the time to get the paper?

6.For his income can we use joint sponsorship ?

-His mom she is retired now she use to be nurse for 40 years.

-His sister and her husband they had very good job and good income but they have 3 kid's and debt,Is they have to report all debt they have?

P.S.Do you think my situation do i need a good lawyer to help or i can do byself? If i have to find good lawyer please advice and how much does it cost for my case i mean approximately price? Or it possible to do self and just find the lawyer to check my document it would be better i have no money.

Thank you.

JP

My case it hard or just normal ka Do i need to hire a lawyer ? If i have to find some lawyer how much the approximately price ka?

Thank you ka.

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In this case - I would recommend a lawyer. You have a lot of issues going on here.

Since you are planning on marrying, attempting to get J-1 waiver, than AOS, you have issues that can be only handled by someone skilled in immigration law.

Off the top of my head, I would recommend the following:

Get married,

Go home, apply for the waiver for the J-1 2 year rule,

once that is approved, file for the CR-1,

come back.

That would be the easy way - and it protects your status.

However, a lawyer may be able to suggest a way for you to stay here, without going home.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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  • 1 month later...
Filed: AOS (apr) Country: Romania
Timeline

I agree, you need a lawyer. However, you might want to check with your embassy to see if you can apply for a waiver from your country.

2-7-11 - Day 0 -sent AOS package (concurrent filling)

2-11-11-Day 4 - received text message from USCIS with the receipt number

2-18-2011 - Day 11[/font]- received NOA 1 in mail for I-130, I-485, I-765, I-131

2-22-2011 -Day 15- received biometrics letter -appt March 14

3-10-2011- still cannot see case online although I called USCIS two days ago

3-14-2011- Day 35- Biometrics done on the appointment day

3-24-2011-Day 45-case showing up online!!!! USCIS mailed on 3-23 my interview appt letter- April 26 is the day!

3-26-2011-Day 48-Received interview appt letter

4-1-2011-Day 59- USCIS mailed I-131 approval and ordered production of my new card (I assume the combined EAD/AP)

4-11-2012-Day 69- received EAd&AP combo in mail! Bad picture!

4-26-2011-Day 84-APPROVED!!! Card production ordered!

4-30-2011-Day 88-Welcome to America letter received

5-4-2011-Day 92 - received green card in mail (8 days after the interview) - it is kinda green!!!!

as1cEY2003-0000MDA0NDZzfDAwMDYxOTN8V2UgaGF2ZSBiZWVuIG1hcnJpZWQgZm9y.gif

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