Question Regarding Marrying US Citizen, Overstay J1 Visa and I-612.

[erik_23ph 12]

Good Day to everybody. Thank you for reading my post. I'm very glad I found this immigration forum because I have questions regarding Marrying US Citizen, Overstay J1 Vis and I-612. I will try to explain my situation the best I can.

MY SITUATION:

I came to the US in September 2005 with J1 Visa for 18 months. I am subjected to the 2 Year Home Residency Requirement per INA Section 212(e) or Skill List.

Before my J1 Visa ended in January 2007, I applied for the No Objection Statement Certificate from my home country because the company that gave me my J1 was willing to sponsor me H1 Visa. But my application for NOS Certificate was denied. I stayed in the US, in other words I overstayed my J1 Visa and now Im out of status.

Fast forward 2014, Im about to get married to a US Citizen next month. He only discovered my immigration status when we were planning for a trip abroad and I told him I could not travel outside the US because of my immigration status. After learning this, he is said he very much willing to petition me after our wedding.

MY QUESTIONS:

1. Can I apply again for No Objection Statement Certificate even if my application in 2007 was denied? (Im thinking that if they denied it the first time, maybe they will deny it again the second try. Or maybe Im wrong, im not really sure.)

2. If my second try is successful and able to obtain a No Objection Statement Certificate, can we file I-612 even my J1 visa is expired?

3. Lets say we are already married and my second try is denied again, can we just file I-612 under extreme hardship even I am already out of status?

All I thought being married to a US Citizen will solve all immigration problems just like other cases until I learned about the importance of I-612. I cannot change my status nor file I-130 and I-485 until I obtain the residency waiver right? Please help.

Thank you very much and looking forward to read some response/answers!

[Hypnos 6,576]

1) I believe you can apply again, although if everything is the same (i.e. you present no new evidence or reasons why a NOS should be granted) then there's a good chance of the same outcome.

2) If the NOS request is denied then I believe you can file for the I-612. I have no idea how easy these are to get approved; consulting with an attorney might be a good idea.

3) I believe so.

You can file an I-130 in the meantime (without having an approved waiver of the HRR) but cannot file an I-485, or have an immigrant visa or several types of nonimmigrant visa issued to you until you have either complied with the HRR or successfully obtained a waiver of that requirement. By itself the I-130 will not do anything for you.