J-1/K-1 and overstayed J-1

[happytoes 0]

Hi All,

Need some help. I'll do my best to explain.

Issue #1:

I met my US fiancée while at university as an international student on a F-1 visa. After some time apart, I returned to the US on a J-1 visa (training for young professionals; i.e.: a paid internship). I stayed the maximum amount of time, which is 18 months and we lived together for more than a year. We discussed marriage while I was in the US on the J-1, but decided against it. Of course, we have our hearts set on getting married now. Will the fact that we stayed together while I was on a J-1 have any bearing on USCIS decisions? Is it a negative or, perhaps a positive, since it shows our seriousness?

Issue #2:

At the end of my J-1, and right in the middle of the '08 recession, I had to leave the US. Since I never had enough money to fly out immediately (I'm from South Africa), I overstayed my visa by 12 days while my family sent me more funds to purchase an airticket. I called USCIS to let them know I overstayed. One person was not so thrilled (to say the least), but another was more understanding and instructed me to attached a note to my I-94 explaining my situation. She said that a note would be made on the system (whatever that means) and that I should be fine. What type of problems, if any, could I expect from this? I knew that I had a problem, so that's why I decided to contact USCIS and be as forthright as possible.

Thanks in advance!

[happytoes 0]

Or maybe I called CBP to explain my overstay situation. Can't remember now. Also, I take it that I have to include a birth certificate in the I-129F? I am not the US citizen. Could I also send in copies of all pages of my passport instead, if I have to send in a birth cert.? Thanks again!

[BokkieandGuapo 4]

hello Happytoes,

The fact that you were together for such a long time will have a positive effect provided you can provide evidence of being together, depending on what sort of evidence you have it might be better to go the IR1/CR1 route if your fiance can come out here and marry you, (evidence being joint bank accounts that sort of stuff)it does take a little longer but then you can start working immediately, whewn you arrive.

As for question 2 You didn't overstay by more than 30 days which is a good thing and provided you can provide evidence your intent was to leave within the required stay then you should be fine.

Good Luck

Hi All,

Need some help. I'll do my best to explain.

Issue #1:

I met my US fiancée while at university as an international student on a F-1 visa. After some time apart, I returned to the US on a J-1 visa (training for young professionals; i.e.: a paid internship). I stayed the maximum amount of time, which is 18 months and we lived together for more than a year. We discussed marriage while I was in the US on the J-1, but decided against it. Of course, we have our hearts set on getting married now. Will the fact that we stayed together while I was on a J-1 have any bearing on USCIS decisions? Is it a negative or, perhaps a positive, since it shows our seriousness?

Issue #2:

At the end of my J-1, and right in the middle of the '08 recession, I had to leave the US. Since I never had enough money to fly out immediately (I'm from South Africa), I overstayed my visa by 12 days while my family sent me more funds to purchase an airticket. I called USCIS to let them know I overstayed. One person was not so thrilled (to say the least), but another was more understanding and instructed me to attached a note to my I-94 explaining my situation. She said that a note would be made on the system (whatever that means) and that I should be fine. What type of problems, if any, could I expect from this? I knew that I had a problem, so that's why I decided to contact USCIS and be as forthright as possible.

Thanks in advance!

[happytoes 0]

Thanks for the response, BokkieandGuapo. I can breathe a sigh of relief. We'll look into the IR1/CR1 route that you mention.

[KayDeeCee 4,893]

Or maybe I called CBP to explain my overstay situation. Can't remember now. Also, I take it that I have to include a birth certificate in the I-129F? I am not the US citizen. Could I also send in copies of all pages of my passport instead, if I have to send in a birth cert.? Thanks again!

I just wanted to say that only the USC petitioner needs to send in their birth certificate with the I-129F petition. You won't need your birth certificate and passport until the visa application interview stage. Reading through the guides here can be a big help. Good luck!