my J1 status confusing me to fill i485

[sundanesse 10]

hi everyone, i came to US in july 1st 2009 with J1 visa. my DS 2019 said that my visa/program is for 12 months and could be waive till 18 months. but the problem was i got fired (fight with supervisor) in my first 3rd months program and i decided to move to another states and start to find "undertable pay" job. so since i left that company (which was deal with the sponsor who bring me here) i realize that i was undocument and work ilegally till now. jump to the case, i just got married 2 months ago with US citizen woman and now im about to file all the documents include i485 + i130. so the questions is :

1. do i also need to apply/file i765 to get EAD card?

2. on the form i485 part 3 processing information (page 4) number 11, which box should i check? yes or no? which is i never completed my J1 status and never go back to my country either.

3. do i need to fill i693 form before to go to civil surgeon/vaccine?

now im still doing on my paperwork and collecting some documents, proof of marriage and stuff. hope i can file all the documents correctly then send it to the lockbox by end of may. im looking forward and really appreciate it for any answer from you guys who has experiences about this. god bless y'all and happy springbreak (:

[mirian&john 1]

1. You need to file I765 if you want to be legally autorized to work;

2. Does your DS2019 say you are subject to two-year residence requirement? If it say yes, you would need a waiver to be eligible for AOS; if it say no, check NO on the I-485;

3. You don't need to fill, but you can fill the first part and the doctor will do the rest.

[sundanesse 10]

1. You need to file I765 if you want to be legally autorized to work;

2. Does your DS2019 say you are subject to two-year residence requirement? If it say yes, you would need a waiver to be eligible for AOS; if it say no, check NO on the I-485;

3. You don't need to fill, but you can fill the first part and the doctor will do the rest.

what about if i dont file i765 but still work ilegally while waiting for the process? will i get a hard time when im going to interview? and yes my DS 2019 said that 2 yrs home country physical presence requirements and marriage US citizen doesnt remove the requirements. well basically i've ever been a J nonimmigrant but i never accomplished the program. so what should i check then? yes or no? what if i check YES then they ask "where is my waiver" or i check NO but my visa would shows that i came here as J1? i really confuse right now. but anyway thanks for your answer. it was helping (;

[aaron2020 11,651]

what about if i dont file i765 but still work ilegally while waiting for the process? will i get a hard time when im going to interview? and yes my DS 2019 said that 2 yrs home country physical presence requirements and marriage US citizen doesnt remove the requirements. well basically i've ever been a J nonimmigrant but i never accomplished the program. so what should i check then? yes or no? what if i check YES then they ask "where is my waiver" or i check NO but my visa would shows that i came here as J1? i really confuse right now. but anyway thanks for your answer. it was helping (;

Yeah. Smart idea. Continue to break US laws by working illegally.

[mirian&john 1]

what about if i dont file i765 but still work ilegally while waiting for the process? will i get a hard time when im going to interview? and yes my DS 2019 said that 2 yrs home country physical presence requirements and marriage US citizen doesnt remove the requirements. well basically i've ever been a J nonimmigrant but i never accomplished the program. so what should i check then? yes or no? what if i check YES then they ask "where is my waiver" or i check NO but my visa would shows that i came here as J1? i really confuse right now. but anyway thanks for your answer. it was helping (;

I do think you are going to have a hard time if you keep working illegally.

Once you entered in the US with a J1 visa, even if you have worked only one day on your program, you are already subject to the 2 years home residence requirement.

Right now you are not eleble to file the I-485, since you are subject to that rule.

You need to apply for the waiver asap and pray for it to be approved. I have heard it is not easy to be approved, but the "no objection" one is the most likely to get approved. If it is not approved, you must go back to your country.

Do not check NO; if you do, you will be lying. If you check YES (if you try to send the paperwork before get an waiver), I doubt you would get the adjustment approved.

I was also subjected to the same rule and I needed to come back to my home country and stay there for 2 years, even after marry my US hubby.

Good luck!

[sundanesse 10]

omgggg...that sounds terrible!!! but how can i apply for waiver when my visa was expired since 4 years ago? and yeah i think i would check YES and try to send it to the lockbox then let see how it goes (:

i will keep update however the status is. anyway thanks for your answers. even make me more confuse but at least i got the knowledge from this (:

[minh6969 1]

About 2 years rule, I think you can just check on your visa and DS-2019. It says if 2 years is applied or not.

Below is an example on a visa

[sundanesse 10]

About 2 years rule, I think you can just check on your visa and DS-2019. It says if 2 years is applied or not.

Below is an example on a visa

unfortunely mine is subject to section 212 (E) so now i got more confused. i wrote new thread and hopefully there is a miracle answer would help me out (:

[minh6969 1]

Then technically, you should file for a waiver since you haven't fulfill the 2 years requirements.

But I don't know how, the other forum's members may know the procedure

[AnotherLostSoul 167]

I would jump in and say: file a for a "no objection" waiver through the Indonesian Embassy here in the US (or consulate- whichever does these in your case). I am not too optimistic you'll get it, but that is the only route you can go at this time. If you file AOS right now, you'll get straight denied as you have not fulfilled the 2 year home residency requirement. It doesn't matter in this case that your visa expired 4 years ago, or yesterday. You have to fulfill that, or get a waiver. There's really no other way around that. So go, google down your embassy/consuate and see what forms they have up there for a "no objecton waiver". From all the other waivers, that seems the "easiest" (usually when one things everything legally). Good luck!

[sundanesse 10]

Then technically, you should file for a waiver since you haven't fulfill the 2 years requirements.

But I don't know how, the other forum's members may know the procedure

After i've read several comments and topics plus one of VJ member was really help me out of this case personally through the message, technically im on process to get the waiver now. even though its not 100% guarantee approval of "no objection" case but at least im trying my luck. anyway i really thanks to the couple from brazil. they really help me out step by step!!! also this VJ site is really helpful. and those who left the comments/advice i really appreciate it.

[sundanesse 10]

I would jump in and say: file a for a "no objection" waiver through the Indonesian Embassy here in the US (or consulate- whichever does these in your case). I am not too optimistic you'll get it, but that is the only route you can go at this time. If you file AOS right now, you'll get straight denied as you have not fulfilled the 2 year home residency requirement. It doesn't matter in this case that your visa expired 4 years ago, or yesterday. You have to fulfill that, or get a waiver. There's really no other way around that. So go, google down your embassy/consuate and see what forms they have up there for a "no objecton waiver". From all the other waivers, that seems the "easiest" (usually when one things everything legally). Good luck!

thanks for your jump. actually im on process to get waiver with the exactly way that you wrote in comments. hope everything goes smoothly and get approved. i dont know how many chance percentage of approval but so far i did the requirements correctly.