Preparing for AOS - questions

[Marshmallow 0]

Hello,

I just joined and would like to hear your opinion on my and my hubbys case as well as clear up some questions I have.

I was born in the Philippines, but was adopted by my stepfather, who took me (at age 3 1/2) and my mother to Germany with him, so I basically grew up in Germany and I am a German citizen, and know nothing about the Philippines. Anyway, in Jan 2008 I came to the US on a J-1 (Au Pair) Visa (it says not subject to the 2 year restriction) and I was planning on going back to Germany after my year, since I had a boyfriend there. But then I met my (now) husband, who I love more than anything (we had our 2 year anniversary in July <3).. we got married in July 2009 on the day we started dating back in 2008.

By that time my I-94 had long been expired I guess? It says D/S there is no specific date on it. We really tried to hurry up with the paperwork, but things weren't going as fast as we hoped He wasn't working before I met him, since he just dropped out of college and came back home to his family, thus he didn't have the required tax returns. We talked to a lawyer (one time consultation only) and she said our case was looking very good, as I have nothing bad to show, except for the tax returns, for which she advised us to just wait the 2 years to get them.. I have just recently gotten all my vaccinations and my immigration medical exam done (thank goodness we have health insurance from his job) and the paper work is pretty much ready, we only need to go over it to make sure everything is correct and the dates and signatures are there. (I'll probably post the content of the package at some point to make sure everything is there and that I'm not forgetting anything..)

I am worried though about my overstay - Will I need to file a waiver, since I've been here without valid visa for more than 2 years? If so what do I need to file and would I be adding it to the AOS package?

Also, will it be a problem that I was born in the Philippines? (I think I've read that the Philippines is one of the countries that it's hard to immigrate from..?)

P.s. my husband is US citizen and I should mention that I've kept working for the same family after my J-1 until we moved in Aug 2010, they are like family to me and we keep in touch. Can I get in trouble for working for them?

I would appreciate any input!

Thank you,

Marshmallow <3

[Oksana & Max 94]

You are doing AOS based on the marriage to the USC. While you did overstay your visa, all the overstay penalties will be waived. You don't have to worry about being from Philipines as your are doing AOS in USA, and not outside of it.

I am not sure why lawyer gave you advice on waiting for 2 years, you could've find a co-sponsor and file for AOS without waiting.

I don't think you should have any issues with your case.

Good luck

[Marshmallow 0]

You are doing AOS based on the marriage to the USC. While you did overstay your visa, all the overstay penalties will be waived. You don't have to worry about being from Philipines as your are doing AOS in USA, and not outside of it.

I am not sure why lawyer gave you advice on waiting for 2 years, you could've find a co-sponsor and file for AOS without waiting.

I don't think you should have any issues with your case.

Good luck

Thanks for the quick response! So I don't even have to worry about filing a waiver? When do people have to file waivers at all? Just when they have been denied something like an extension of stay?

I don't know either I didn't like when she told us to wait.. it was very hard on my nerves to be like this for 2 years I can't wait until we get this over with - I get nervous easily and worried >_<

Thanks again <3

[CamiandAmr 0]

My husband had the J1 visa's 2 year rule as well. If you have not spent the 2 years in your home country (which does include any visits to your country) you will have to apply for the waiver. If your waiver gets denied you have to spend the remaining 2 years in your country... Which is what happened to me and my husband. However at the time we had only been married a year at that point, so it could be different for you. I'm not sure what waiver we applied for. I can ask my husband when he gets home. I added you as a friend so if you have any questions for us about the J1 then we will try our best to answer them for you.

If you are a German citizen, the fact that you were born in the Philippines should not be a problem.

[Oksana & Max 94]

Thanks for the quick response! So I don't even have to worry about filing a waiver? When do people have to file waivers at all? Just when they have been denied something like an extension of stay?

I don't know either I didn't like when she told us to wait.. it was very hard on my nerves to be like this for 2 years I can't wait until we get this over with - I get nervous easily and worried >_<

Thanks again <3

[/quote}

If you would've leave the country and file outside for a spousal visa. Since you overstayed your I-94 you would get a 3 year ban. This is when you would need your waiver.

[CamiandAmr 0]

I am sorry I just reread what you wrote, and it says NOT subject to the 2 year restriction. So ignore my post . You are lucky you are not subject to that restriction. It made life hell for us lol. Thank God its almost over. We have our final interview in a week. I hope your journey is a lot easier than ours. Good luck .

[Marshmallow 0]

My husband had the J1 visa's 2 year rule as well. If you have not spent the 2 years in your home country (which does include any visits to your country) you will have to apply for the waiver. If your waiver gets denied you have to spend the remaining 2 years in your country... Which is what happened to me and my husband. However at the time we had only been married a year at that point, so it could be different for you. I'm not sure what waiver we applied for. I can ask my husband when he gets home. I added you as a friend so if you have any questions for us about the J1 then we will try our best to answer them for you.

If you are a German citizen, the fact that you were born in the Philippines should not be a problem.

I think it doesn't apply to me, right? Because my visa says "bearer is not subject to section 212(E)". Thank you though!

[Marshmallow 0]

If you would've leave the country and file outside for a spousal visa. Since you overstayed your I-94 you would get a 3 year ban. This is when you would need your waiver.

Oh really.. >_< Well I'm not planning to leave until I get my GC, I do miss my family in Germany though. When does the 10 year ban apply at all? (just curious, I though I would already be facing that if I left.. sorry for all the questions)

I am sorry I just reread what you wrote, and it says NOT subject to the 2 year restriction. So ignore my post . You are lucky you are not subject to that restriction. It made life hell for us lol. Thank God its almost over. We have our final interview in a week. I hope your journey is a lot easier than ours. Good luck .

Thank you, it was still kind of you <3 Good luck to you, too!