J1 subject 2 HRR overstay for 4 yrs and got married USC

[sundanesse 10]

i really didn't know that my visa has 2 different kind which is subject 2HRR and not subject 2HRR. i already overstay for almost 4 yrs and never apply for waiver (i612). good thing is i just got married to USC 2 months ago and was actually about to send i485 and i130 to the lockbox by end of this may. but after i read few thread about J1 with subject 2HRR, now i got totally confused

1. can i just go ahead file my i130 and i485 without applying i612? does it forgiven?

2. if i really have to apply i612, can i put all together with i485 and i130 at the same time or should i apply i612 seperately? (based on where i live, i have to send my i612 file to texas and lockbox is in chicago)

3. does my 4 yrs overstay will be affecting to the i612 process?

im looking forward and appreciate it for any answer.

[aaron2020 11,651]

i really didn't know that my visa has 2 different kind which is subject 2HRR and not subject 2HRR. i already overstay for almost 4 yrs and never apply for waiver (i612). good thing is i just got married to USC 2 months ago and was actually about to send i485 and i130 to the lockbox by end of this may. but after i read few thread about J1 with subject 2HRR, now i got totally confused

1. can i just go ahead file my i130 and i485 without applying i612? does it forgiven?

2. if i really have to apply i612, can i put all together with i485 and i130 at the same time or should i apply i612 seperately? (based on where i live, i have to send my i612 file to texas and lockbox is in chicago)

3. does my 4 yrs overstay will be affecting to the i612 process?

im looking forward and appreciate it for any answer.

1. Yes, you can file them. The 2HRR will not be forgiven because you did not request it. You need to file the i612.

2. No, you cannot put them all together. You need to send them to the specified addresses. Do not send a form to the incorrect address.

3. No. To get the i612, you need to show a hardship if its not granted.

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This is not a DIY. You seem lost. You might want to consider getting an attorney to help you.

[sundanesse 10]

1. Yes, you can file them. The 2HRR will not be forgiven because you did not request it. You need to file the i612.

2. No, you cannot put them all together. You need to send them to the specified addresses. Do not send a form to the incorrect address.

3. No. To get the i612, you need to show a hardship if its not granted.

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This is not a DIY. You seem lost. You might want to consider getting an attorney to help you.

ok so it means i have to pending to file i130 and i485 till i get granted from i612? or can i do at the same time (i612 to texas and i485+i130 to lockbox) ?

well if i hire attorney, do i still need to apply i612? anyway thanks for your answer. its pretty help

[Harpa Timsah 13,258]

You must get the waiver first. If you sent the AOS forms without the waiver being granted, you will be denied.

You are free to send them, if you want to be denied.

[sundanesse 10]

You must get the waiver first. If you sent the AOS forms without the waiver being granted, you will be denied.

You are free to send them, if you want to be denied.

can i send the i612 and bundles i130+i485 at the same time? i mean of course with different address but doing at same time?

[Merrytooth 5,748]

You have to get the No Objection waiver granted in hand first before filing AOS forms.

[mirian&john 1]

You need to ask your country (through the embassy) for a "no objection" letter. It means you country has no objection on letting you staying in the US and skip the 2YHH. The embassy will sent the letter to the Department of State, while you apply with them as well, sending the DS3035: http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver/ds-3035-instructions.html#nobjection

Like I said in your other thread, you are not eligible for AOS at the moment.

[sundanesse 10]

Gosshhh it sounds complicated so what is the different between apply for no objection and apply i612??