Is he ineligible? Please help!

[AKSinghSingh79 143]

I really could use some advice on this situation.

I met my fiance while he was on a J-1 visa. He was employed by a fast food chain as a manager trainee. He first came to the US in October 2008. In February 2009 he had an interview with the Hilton. He says they checked his eligibilty thoroughly such as his j-1, his SSN, etc...

I had no knowledge about j-1 visas when I met him and assumed it was an employment visa.

In August 2009, we found out his primary employer was falsifying his payroll along with many other employees. For example, he was working 60-70 hours per week but only being paid for 40. Also his wage was considerably lower than the rest of the trainees. He filed a case with the PA dept. Of Labor and won the case. The officer on the case was supposed to forward everything to his sponsor. Then his sponsor asked him to forward a copy of the Hilton letter of employment offer since he was no longer employed by his original employer.

I recently called his sponsor to request his DS forms and they told me his DS form was never updated after the employment switch was made. They assured me that he remained in status the whole time and left the US on the date as was shown on his original DS form.

Why would they not update his form? It was not his fault he worked for a shady employer. Wasn't it his sponsor's responsibility to ensure the welfare of their exchange participant?

I am planning on marrying my fiance in May. Now I am so worried that his sponsor's negligence is going to cause problems for our CR-1.

Does anybody have thoughts on this?

[46]

Yes. No one here can know.

All you can do is file for the CR-1, and maintain adequate documentation in case the issue is raised. If the J-1 sponsor indicated that everything was fine, and your husband had no immigration issues, then likely the USCIS views everything as fine.

[Lancelotte25 1]

Filing a CR-1 won't be affected due to his former employer inappropriate actions. Good luck guys and wish you all the best!

[AKSinghSingh79 143]

Yes. No one here can know.

All you can do is file for the CR-1, and maintain adequate documentation in case the issue is raised. If the J-1 sponsor indicated that everything was fine, and your husband had no immigration issues, then likely the USCIS views everything as fine.

Thank you for your reply. I have been extremely stressed out about this as I keep finding out new things. It's so hard to get a definitive answer to. I have made several phone calls to his sponsoring agency, as well as both of his employers but have yet to get a clear answer of why we have this big mess. My fiance applied for 2 non-immigrant visas (F-1) after he left the U.S. and his J-1 was stamped "cancelled without prejudice" so I assume that everything is fine.

I've been gathering documents to present in case it does become an issue which is a very likely possibility. I have his old DS form, his employment letter of offer from his new employer, and am working on getting something in writing from the PA dept. of labor in regards to the wage case. I sincerely hope this does not become an issue. My fiance is a very honest, hardworking guy that did not want any trouble. However, he also didn't want people to assume he was naive and attempt to take advantage of him.