AOS Application - J1 Status or Visa Waiver?

[Kimura 0]

Hi Guys!

First off, I'm a long time listener first time caller - I've always come here to read stories and absorb the amazing advice you all give....what an amazing community! Right now, I really REALLY need direct help/advice.

OK. So I don't wanna bore you all, so I'll write this as easy and as readable as possible.

You can either read this story to get a full understanding, or jump to the end where I will write a summarized timeline!

I came to the United States on a J1 Visa (Not subject to 212e) on May 19th 2012 to work as a camp counselor for a summer camp in West Virginia. I had planned and had this arranged since November 2011, after many years of yearning to go back to the states. (I was in Pittsburgh in 2007 on a similar visa) My 2nd J1 Visa was approved around April.

In March, online (don't judge me :/) I met a girl called Catherine, who was studying in France..she was form Pittsburgh! So straight away we hit it off. We spoke for several weeks on Skype etc and there was definite sparks there. We decided we'd maybe meet up in Pittsburgh when she got home in June.

I landed into Boston on May 19th after a long flight from Dublin, Ireland. Then connected to Pittsburgh. I stayed with some old friends and took a 7 day trip to Mexico with them. Came back to Pittsburgh at the start of June and Catherine texted me...said she wanted to meet up!

I was a ball of nerves in my friends house that night, but I went with it and met Catherine and we went on a date...it was magical..we had instant chemistry and after just 7 days decided to get into a relationship.

I started work on June 10th in my camp, 90 mins away in W.V. The camp started out great, meeting new people etc but the running of the camp was something to be questioned as were the directors...

Catherine came to visit me on the 14th (My birthday!) and it was wonderful. We confessed our love and I felt like cupid didn't bother with the arrows, he hit my in the face with a swan necked shovel! BANG! <3

The camp was becoming somewhat of a struggle, apart from the tornado we had to hide from and the electricity going out for 4 days, the hours were ridiculous - 16 hours per hour day, with terrible food and treating employees with a total lack of respect. But I had my Catherine, she was what I looked forward to! Our relationship progressed very fast...it was electric. It was honestly everything I've ever wanted.

Things with the camp went sour...after calculating my salary against the working hours I figured I was being paid $0.44c per hour, and although working with the kids was wonderful, I detested the 2 alcoholics who ran the camp, and became bitter after discovering they received $7,000 for every one of the 120 kids...and had the nerve to feed the kids faux turkey meat, fast food, and artificial high sugared drinks.

On July 4th, Catherine invited me to spend Independence Day with her family. It was wonderful! I stayed for a couple of Days and after learning her father was also Irish, as were all of her grandparents, I felt the connection was stronger. I went back to camp on July 7th.

On July 8th at 8:30am I went to the camp directors and expressed my concerns in a respectful manner. At 9:00am they told me to pack my bags and I had 30 mins to leave camp, to not tell the kids and to not mention anything on social networks....yeah, I said ####### too...

They paid me my meas $500 cheque/check and I was on my merry way...until I realized I'd nowhere to go. I called Catherine and without hesitation she came and got me. We went to her house were her wonderful family opened the doors for me and let me stay. With a flight home in 2 months, and only $500 left choices were limited. I sold my MacBook pro and my iPad 2, which were gifts from Apple after serving as a manager for 3 years. That brought me up to $1500. I decided to make the most of it until a stark realization came to light upon reading a mail from one of the camp directors...

They had cancelled my DS-2019...my work permit for the camp. Which meant my visa ended that day (July 8th) and I was currently in my 30 day grace period. Which meant I'd be in illegal status flying home on September 5th...eep

The next day, as if my strange coincidence, Catherine's mother suggested we all go on a trip to Canada...to which my heart stopped as I realized I'd have to fly home from Canada...but then I realized..hmm... I could maybe come back in on a tourist Visa, making my status legal for going home!

During this time, Catherine and I had gotten very serious in a short amount of time. We loved each other to death and we had talked about what would happen with our futures etc...and September 5th felt like it was the day of impending doom.

So, we went to Canada on July 29th. The night before, I filled out the ESTA application just to be safe.

After sweating half my body weight with fear I wouldn't be allowed in, the nice Canadian officer stamped me and sad welcome to Canada...ok, I thought..I'm in...but will I be allowed back out...ugh!

We went over the Buffalo border int Niagara Falls and had a wonderful time. Eating great food, taking in the eye catching beauty...It was amazing.

Me and Catherine spoke further and further about our future, and on the last night at Niagara falls we decided we didn't want to be apart. I suggested that I'd go home and maybe apply to college or something and fly back. Catherine said she didn't want me to go and she knew I was it for her. She casually asked "Would you marry me?" stunned, I replied "eeeh...sure..yeah...I would" to which she replied "Will you then?"

Wow...my heart exploded in my chest, the sonic boom escaping my mouth as a word.."yes".

I can't describe the mix of happiness, love, joy, bliss, anxiety and fear that went through my body. We decided to discuss it further when we got back to the U.S..IF they let ME back in...as of course, my J1 visa was in the 30 day grace period.

August 1st we packed up and drove to the Canada/U.S border....I was terrified...we approached a stern looking border official.

Trembling inside, I handed my passport over...he disappeared for the longest 5 minutes of my life. He made a quick call and handed back my passport.... "...go on ahead" he said through his dark sunglasses.

Relief shot through my body like morphine...I kissed Catherine and flicked through my passport looking for my new shiny stamp...flciked...looked...flicked...ran out of pages...uh oh...no stamp! So I thought...wait, am I still in the J1 grace period?!

Catherine and I got back and spoke about marriage. We applied for a marriage license and planned our life out over red wine and home cooking on her mothers patio in the late August sunset. We were married on August 21st in a court house my a local judge, small, sincere, and just us. We decided we'll have a huuuuuge ceremony next year at Dublin Castle in Ireland. We'll work and save and do it right. But in the mean time..what do we do?

We looked up Visa info on how I could stay and the procedures...I-130's...AOS, EAD, SSN, AP...good lord!!! I spend weeks deciphering information, and when I stumbled across this amazing site...I understood the language.

We didn't have enough money to hire a lawyer, so we went on RapidVisa and they said they'd assemble everything etc..so, I got my vaccinations etc and assembled the package last week. They told me to put down WB/WT visa for the visa waiver/tourist status...now they mail me and ask "where's the stamp?" after I already told them this story...

So, first off...If you read all this, thank you. I apologize for stealing 20 mins from your life. But my question...?

What's my status right now?? J1 expired/illegal or Tourist Visa, expiring on Oct 31st?

Also, I have no SSN so I can't get bank accounts etc...no joint bills etc..we live with my wife's parents and the mother has put herself down as household sponsor (My wife is at college and unemployed)

Please help

- June 2007: First J1 Visa! Pittsburgh

- June 2007 - November 2011: Life issues, family, friends, relationships...always stayed in touch with American friends.

- Novemebr 2011: Hired as American Summer Camp Counselor

- Novemebr 2011 - April 2012: Saved, tied up loose ends in Ireland.

- April 2012 - Visa Approved at U.S Embassy, Dublin (Not Subject to 212(e) ) Exp August 8th 2012

- April 2012: Met Catherine online. She's from Pittsburgh and is studying in France

- April 2012 - May 19th 2012: Spoke to Catherine every day and arranged to meet up in June.

- May 19th 2012: Time to Go! Flew from Dublin - Boston - Pittsburgh

- May 19th 2012: Landed, entered on my J1...meeting up with old friends

- May 21st 2012: Trip to Mexico by air...I-90 Submitted.

- May 28th 2012: Back from Mexico, new I-90.

- June 4th 2012: Catherine arrives home to Pittsburgh from France

- June 5th 2012: A jet lagged Catherine and I go on our first date - amazing!

- June 6th 2012: 2nd date

- June 7th 2012: 3rd date

- June 8th - 11th: Dates!

- June 12th: Off to Bethany, W.V for work.

- June 14th 2012: My 25th Birthday. Catherine visits...we confess our love for each other.

- June 14th - June 30th: Camp is not a great place. Dirty, unorganized, discover my salary works out at $.44c per hour - 16 hours per day.

- July 4th - July 7th: Meet Catherine's family, hit it off!

- July 8th: Voice concerns to camp executives. 30 mins later, fired and asked to leave. Catherine comes to get me.

- July 12th: Discover the camp cancelled my work permit - J1 now currently in 30 day grace period as of July 8th. A full month early.

- July 12th -27th: spending every day with Catherine, panicking over being illegal when my flight home arrives (Sept 5th)

- July 28th: Trip to Canada organized, fill out ESTA online.

- July 29th: Passport stamped, enter Canada

- July 31st: Catherine asks me to marry her at Niagara falls

- Aug 1st: Leave Canada, enter united states. Passport NOT stamped. Entered on Expired J1...or Visa Waiver..?

- Aug 7th: Marriage License applied for

- Aug 21st: Married!!!

- Aug 22nd - Oct: Visa Research

- Oct 16th: Go to USCIS doctor - get vaccines etc.

- Oct 21st: send all papers off to RapidVisa

- Oct 30th: RapidVisa ask where is WB Visa stanp(?????)

Please Help

[Kimura 0]

I understand this topic is very long but basically I came into the states on a J1, had it cancelled and went to Canada, to come back on a Tourist visa. Now i don't know what my status is

I understand this topic is very long but basically I came into the states on a J1, had it cancelled and went to Canada, to come back on a Tourist visa. Now i don't know what my status is

[TBoneTX 45,329]

*** Thread moved from AOS/Family-Based Visas forum to AOS/Work, Student, & Tourist Visas forum -- OP is not adjusting from the former visa type. ***

[Harpa Timsah 13,258]

At land crossings, it is normal to not receive a stamp in your passport. You seem convinced in your new post that you entered on what you call a "tourist visa" though since you mention ESTA you mean the Visa Waiver Program (not a visa at all). So everything there seems normal. You will need to show proof of legal entry, and that becomes more difficult without a stamp, but not impossible. I would write a note that says you entered at whichever Port Of Entry on whatever date. Good luck.

[Kimura 0]

So I should not put down J1? You think I'm most certainly on the Visa Waiver?

[Harpa Timsah 13,258]

Well, if your J-1 was cancelled, I don't see how you came back on the J-1. But, hopefully someone will come along who knows more about the "grace period."

[Kimura 0]

Thank you Harps! I just wondered because I still had a few days left of the 30 day grace period. I think maybe I wrote too much stuff in this post, its not getting much attention.

*edit* Harpa (silly phone auto correct)

[Harpa Timsah 13,258]

The "grace period" doesn't seem, to me, to be a time where you can come and go freely. It's intended to be some time to collect your belongings and move out after the work period ends. They don't count those days as overstay days, but, I believe, the visa is still cancelled.

You might phrase your question like this:

Is it possible to reenter the US on J-1 after J-1 is cancelled and grace period is in effect?

[AnotherLostSoul 167]

The "grace period" doesn't seem, to me, to be a time where you can come and go freely. It's intended to be some time to collect your belongings and move out after the work period ends. They don't count those days as overstay days, but, I believe, the visa is still cancelled.

You might phrase your question like this:

Is it possible to reenter the US on J-1 after J-1 is cancelled and grace period is in effect?

I wonder if you could actually call the border guys and find out under what term they let you in? I am also assuming you entered back on your tourist visa (or ESTA? Sounds like a visa waiver thing, I am not familiar with this so much). But if I were you, I would really double check that. But it really does sound to me you did not enter on J1 anymore because I feel that even if they would let you in within your "grace period" of your J1 you would get a new I-94 and that would be stamped...but then I truly don't know how the ESTA thing works? Those don't require I-94? Because I do know the regular B1 tourist/business visa does come along with an I-94....

Good luck!

[Darnell 8,478]

I think yer here on VWP, based on what you've written.

hth !