J1 visa , overstayed got married. Nvc immigrant visa in homecountry

[Claud071994 0]

Hi, i had j1 visa when i entered the usa and overstayed and got married to us citizen. He petitioned me and we got approved but not admissable for adjustment . The NVC email us for immigration visa process. Do i need to go back to home country . Or theres other way .Im here in usa right now And wanna obtain my permanent resident. I dont wanna live my husband and not go back here.

 

[TNJ17 1,329]

Did you apply for AOS and got denied? If so, you need to see what the reason for denial was and fix that. I’m not sure about adjusting from J1 but you might have to leave and process a spousal visa from your home country. You’ll have to wait it out there. Current times are 14-16 months. How long was your overstay? If you overstayed 180+ days, you’ve incurred a ban. You can apply for a waiver but it’s not always approved and you’ll have to wait out the ban before you can come back. 

[geowrian 22,337]

Why were you inadmissible? Why wasn't a waiver filed (assuming the inadmissibility is waivable)?

Sounds like the I-130 was sent to NVC..menaing they think you are applying for an immigrant visa abroad.

[pushbrk 12,980]

The explanation is confusing.  If you are adjusting status, NVC should not be involved.  Did you file I-130 AND I-485?  Did you indicate on your I-130 you were adjusting status?  Are you still in the US?  If not, how long was your overstay?  Does your J1 visa say you are subject to the 2 year home stay requirement?

Edited September 18, 2018 by pushbrk

[Claud071994 0]

I had my j1 visa expired august 2016, i got married to us citizen december 2016. We apply for petition on december 2017, we got approved for the petition this august 2018 but not eligible for adjustment of status but they sent our case at nvc. And im still here at united state living with my one and true love husband. But the nvc email us about immigrant visa filing and interview on my home country. 

Is there other way that i can just stay here and don't go back to my homecountry. And get my green card. Please help me. Im still here inside united state with him.I love my husband very much. I don't us to be seperated.  Thank you so much for all your reply.

[VNN 147]

19 minutes ago, Claud071994 said:

I had my j1 visa expired august 2016, i got married to us citizen december 2016. We apply for petition on december 2017, we got approved for the petition this august 2018 but not eligible for adjustment of status but they sent our case at nvc. And im still here at united state living with my one and true love husband. But the nvc email us about immigrant visa filing and interview on my home country. 

Is there other way that i can just stay here and don't go back to my homecountry. And get my green card. Please help me. Im still here inside united state with him.I love my husband very much. I don't us to be seperated.  Thank you so much for all your reply.

• Have you consulted with an immigration lawyer? (Normally, I do not recommend a lawyer but with this complication lawyer may be better one to talk to)
• The issue with your timeline was that your husband waited one year to petition for you (After married). It might not have been this bad if the petition had been done when your visa  just got expired a few months. You overstayed more than 12 months.  It may get worse if they decide to enforce some ban on you.

 

 

 

 

Edited September 18, 2018 by RTLE

[TNJ17 1,329]

For whatever reason you’re not eligible for aos. USCIS did one step forward for you and sent your application to NVC for visa processing. You should be thankful. They’ll just process your visa and it’ll be fine. You’re gonna have to go to your country to wait out the process. If you didn’t want to be in this mess you shouldn’t have overstayed. Stop starting new threads about the same thing. 

[Ontarkie 14,283]

~~Duplicate thread locked. Do not start more than one thread for the same topic.~~

[pushbrk 12,980]

3 hours ago, RTLE said:

• Have you consulted with an immigration lawyer? (Normally, I do not recommend a lawyer but with this complication lawyer may be better one to talk to)
• The issue with your timeline was that your husband waited one year to petition for you (After married). It might not have been this bad if the petition had been done when your visa  just got expired a few months. You overstayed more than 12 months.  It may get worse if they decide to enforce some ban on you.

 

 

 

 

 

2 hours ago, TNJ17 said:

For whatever reason you’re not eligible for aos. USCIS did one step forward for you and sent your application to NVC for visa processing. You should be thankful. They’ll just process your visa and it’ll be fine. You’re gonna have to go to your country to wait out the process. If you didn’t want to be in this mess you shouldn’t have overstayed. Stop starting new threads about the same thing. 

Actually, the reason for ineligibility is either valid or it is not, AND...the reason needs to be part of the discussion.  I asked a series of questions earlier that have not all been answered.  Specifically, I asked if the J1 visa says the she is subject to the two year home stay regulations.  If she is, and did not go home, that would be the reason for the ineligibility.  There are ways to waive this requirement but if they did not get a letter of no objection and file for the waiver, she IS ineligible, and also may well be subject to a 10 year ban on re-entering the USA.  If this is the case, it is definitely lawyer time.

 

Please look at your visa and see if it says you are subject to the home stay requirement.

 

DO not consider the case going to NVC as any kind of favor to you.  Leaving the USA can trigger a ban.  See a qualified immigration attorney and follow their advice.

[Claud071994 0]

I am not subject to 2 year rule. Thank you for all your reply, i appreciate. It so helpful

I haven’t ask a lawyer yet. 

Thank you everyone

[Boiler 45,699]

Wonder why you were refused?