J1/ 2 year rule /Marriage

[funnychunny 0]

My girlfriend is here on a J1 visa and is subject to the two year rule. Because of problems she stopped studying and we got married. I am about to turn in the green card application but I was wondering if this will do any good since technically she is illegal and considered an "overstay".

would it be better for her to go back to the Philippines and for me to file a marriage visa? They would obviously find out that she is illegal if I send in the green card application. I don't know what the best thing to do is in this situation. Thanks! any advise would be greatly appreciated.

[belinda63 3,041]

The problem isn't the overstay, it's the two year home requirement. Do you think they will just "overlook" this when you file the application? She needs to either go home for two years or file for a waiver.

[funnychunny 0]

The problem isn't the overstay, it's the two year home requirement. Do you think they will just "overlook" this when you file the application? She needs to either go home for two years or file for a waiver.

Can she still file for a waiver if her status is "overstay"?

[Babar 0]

Don't send a green card application without taking care of this, they will refuse it.

The best way would be to apply for a waiver, there are many topics in the forum talking about it.