Getting married after J-1 visa expired. Do I need an Attorney?

[megan_grant 0]

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

[athena_ny 1]

I would at least talk to a lawyer, it doesn't mean you have to hire him/her if you talk to them.

Generally, overstay is forgiven through marriage to a US citizen. As long as you didn't enter with the intent to marry and immigrate, you will probably be okay but I would still consult with a lawyer.

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

[notscenenough 6]

talk to a lawyer if that will make you more comfortable but i think you'll be fine

[notrepetiteashley 0]

I agree. My husband came over as a visitor from Canada and accidentally overstayed thanks to advice from the 1-800# for immigration. His overstay was like, 2 years I think. Our AOS was approved. Overstay was not even mentioned in our AOS interview.

If you want to talk to a lawyer, find one that gives free consultations. They're out there. Don't spend the $$ unless you really feel the need.

Good luck and congratulations on your baby and your marriage!

[MPGGPM 0]

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

[together2love 0]

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

Exactly, Look on your DS-2019 that you have and near the bottom of the page it should say whether you require the 2 year home residency or not. Very important!

[makidesuu 0]

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

Exactly, Look on your DS-2019 that you have and near the bottom of the page it should say whether you require the 2 year home residency or not. Very important!

I read post about a person who came here with J1 and got married 1 year later and submit AOS with her husband. Then her AOS got denied and returned to her country to apply K-3. She said J1 requries 2 year home residecy that was why it got denied. I really do not know about J1 visa, so I did not really understand the detail. If you have already completed the 2 year somthing, then I think it will be ok. but you should talk to a good lawyer. This person who wrote the post had a lawyer when applied her AOS and her lawyer forgot to submit 6 somthing file with AOS (sorry I forgot the exact number).

[makidesuu 0]

Hi everyone.

My J-1 visa expired 3 years ago. I stayed. I am pregnant and going to get married next month and I was wondering if I do need an attorney or I could fill out all paperwork by myself.

I really need your advise. I already filled all the paperwork so what will be his role?

I will be appreciate for all advices.

Thanks a lot.

What everyone else is saying would most likely be true.......................but that is as long as you do NOT have the 2 year home residency requirement for the j-1 visa you came to the USA on.

Have you checked to see if you are subject to that rule......212e? Above all else, THAT would be the most important issue....even before you concern yourself with the overstay.

Exactly, Look on your DS-2019 that you have and near the bottom of the page it should say whether you require the 2 year home residency or not. Very important!

I read post about a person who came here with J1 and got married 1 year later and submit AOS with her husband. Then her AOS got denied and returned to her country to apply K-3. She said J1 requries 2 year home residecy that was why it got denied. I really do not know about J1 visa, so I did not really understand the detail. If you have already completed the 2 year somthing, then I think it will be ok. but you should talk to a good lawyer. This person who wrote the post had a lawyer when applied her AOS and her lawyer forgot to submit 6 somthing file with AOS (sorry I forgot the exact number).

Hi, I checked the post again, this person said her lawyer forgot to file 612 with AOS. That is why her AOS got denied and there was no appeal. Hope this one will help. good luck

[megan_grant 0]

Thank you all a lot for all helpful information and advices!!!!

On DS- and on the page of passport where is visa says "is not subject to the two year residence requirement.

I am looking for good attorney in Denver area just to see what he has to say. I just don't want to be completely blind about my case that's why I need to get as much info as I can before I hire somebody.

Thanks guys. God bless you.

[MPGGPM 0]

Thank you all a lot for all helpful information and advices!!!!

On DS- and on the page of passport where is visa says "is not subject to the two year residence requirement.

I am looking for good attorney in Denver area just to see what he has to say. I just don't want to be completely blind about my case that's why I need to get as much info as I can before I hire somebody.

Thanks guys. God bless you.

Most likely then, you are not subject, but ......the DS-2019 and what it says on the passport is not always 100% accurate.

You might want to ask the State Dept for an "advisory opinion", to be totally sure you are not subject to the 2 year rule. If you hire a lawyer, you could also then ask for them to request an advisory opinon for you.

I would think if your DS-2019 and passport say you are not.......you don't have much to worry about. But, you might consider the "advisory opinion" to remove any doubts and be 100% sure.

Better to be safe than sorry.

http://www.greencardlawyers.com/workvisas/...Qsadvisory.html

[Dr_LHA 3]

Generally, overstay is forgiven through marriage to a US citizen.

For "generally" read "always". What isn't forgiven is non-fulfillment of the J-1 2 year home residency requirement.

[athena_ny 1]

Oh, I know that. But one time I didn't say generally and got jumped on

Generally, overstay is forgiven through marriage to a US citizen.

For "generally" read "always". What isn't forgiven is non-fulfillment of the J-1 2 year home residency requirement.

[Dr_LHA 3]

Sorry - you'll get jumped on no matter what you say.

[brightsunshine 0]

Sorry - you'll get jumped on no matter what you say.

That explains a lot....

[Dr_LHA 3]

Sorry - you'll get jumped on no matter what you say.

That explains a lot....

It was joke. This isn't: shut up.