Expired J1 visa and and AOS/CR1

[RICARDO4EVA2 194]

Hello members!

 

 

I am trying to get information on how to proceed. 

 

The foreign spouse was issued a J1 visa in 2020 and expired in 2022 (with covid extension) and seeks to file the AOS packet. Will she need to file the J1 waiver form and/or the I-601 forms? There is a note written on the visa that mentioned the 2 year residency requirement that was not fulfilled due to being an overstay. 

 

 

Thanks for you guidance 🙏 

[jan22 3,042]

Is the petitioner a US citizen or an LPR?

[pushbrk 12,803]

7 hours ago, RICARDO4EVA2 said:

Hello members!

 

 

I am trying to get information on how to proceed. 

 

The foreign spouse was issued a J1 visa in 2020 and expired in 2022 (with covid extension) and seeks to file the AOS packet. Will she need to file the J1 waiver form and/or the I-601 forms? There is a note written on the visa that mentioned the 2 year residency requirement that was not fulfilled due to being an overstay. 

 

 

Thanks for you guidance 🙏 

Probably does not need the I-601 waiver.  Overstays are forgiven for the spouse of a US Citizen when adjusting status.  This is not a visa case, unless the foreign spouse has already left the US.  It's adjusting status.

[Family 3,988]

10 hours ago, RICARDO4EVA2 said:

Hello members!

 

 

I am trying to get information on how to proceed. 

 

The foreign spouse was issued a J1 visa in 2020 and expired in 2022 (with covid extension) and seeks to file the AOS packet. Will she need to file the J1 waiver form and/or the I-601 forms? There is a note written on the visa that mentioned the 2 year residency requirement that was not fulfilled due to being an overstay. 

 

 

Thanks for you guidance 🙏 

She needs the waiver , the 2 year notation indicates so 

[RICARDO4EVA2 194]

Yes, a US citizen 

[RICARDO4EVA2 194]

4 hours ago, pushbrk said:

Probably does not need the I-601 waiver.  Overstays are forgiven for the spouse of a US Citizen when adjusting status.  This is not a visa case, unless the foreign spouse has already left the US.  It's adjusting status.

Thank you! Yes, the spouse is a US citizen.  So are you saying the normal AOS packet would would allow the status adjustment from J1?

[RICARDO4EVA2 194]

28 minutes ago, Family said:

She needs the waiver , the 2 year notation indicates so 

Thanks for your answer. 

 

Could you please specify the waivers needed? 

 

I see that the J1 visa waiver can be filed independently with the dept. Of state. should we start there before filing with uscis?

[Family 3,988]

2 hours ago, RICARDO4EVA2 said:

Thanks for your answer. 

 

Could you please specify the waivers needed? 

 

I see that the J1 visa waiver can be filed independently with the dept. Of state. should we start there before filing with uscis?

You can only do I-130 /I-485 with concurent I-601 hardship  to USCIS if Petitioner/Spouse is a USC . I would take that route if available. 
Otherwise you need J-1 waiver first and can only file I-130

 

[RICARDO4EVA2 194]

7 minutes ago, Family said:

You can only do I-130 /I-485 with concurent I-601 hardship  to USCIS if Petitioner/Spouse is a USC . I would take that route if available. 
Otherwise you need J-1 waiver first and can only file I-130

 

I'll look into this.  The process seems so unclear

[SalishSea 17,736]

9 hours ago, pushbrk said:

Probably does not need the I-601 waiver.  Overstays are forgiven for the spouse of a US Citizen when adjusting status.  This is not a visa case, unless the foreign spouse has already left the US.  It's adjusting status.

The 2 year J-1 residency waiver is not forgiven however, without an approved waiver.

[Sam Burns 153]

My wife had a J1 visa and all our reading said it would be virtually impossible to get a waiver, I’d gear up for her to show two years in her home country from when she returned, which is what my wife did.

[pushbrk 12,803]

8 hours ago, RICARDO4EVA2 said:

Thank you! Yes, the spouse is a US citizen.  So are you saying the normal AOS packet would would allow the status adjustment from J1?

If she's still here, she can adjust status, and the overstay would simply be forgiven, so no waiver needed except from her own country regarding the J1 homestay requirement.

[pushbrk 12,803]

3 hours ago, SalishSea said:

The 2 year J-1 residency waiver is not forgiven however, without an approved waiver.

Correct, but not the 601.  J-1 waiver comes from the country of origin, not from the US.

 

[powerpuff 6,598]

*** Topic moved form CR1/IR1 spousal visa forum (consular processing abroad) to Adjustment of Status (AOS) from work/tourist/student visas as OP is seeking to adjust within the US ***

[RICARDO4EVA2 194]

22 hours ago, Sam Burns said:

My wife had a J1 visa and all our reading said it would be virtually impossible to get a waiver, I’d gear up for her to show two years in her home country from when she returned, which is what my wife did.

Thank you Sam!