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kstn

Overstay of J1 visa, now married to US Citizen

By kstn in Adjustment of Status from Work, Student, & Tourist Visas

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kstn Newbie

kstn   0

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Hi! I would be really happy to get some help. I'm filling the I-765 form out and they ask what visa or category I have currently. But my visa was expired, so I overstayed in the US because I got married. The question is what should I answer? No Status? 

OldUser Veteran

OldUser   7,317

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10 minutes ago, kstn said:

Hi! I would be really happy to get some help. I'm filling the I-765 form out and they ask what visa or category I have currently. But my visa was expired, so I overstayed in the US because I got married. The question is what should I answer? No Status? 

Out of status, if you're no longer in J-1 program. Sometimes visa can be expired but you're in status.

When was your last entry? Are you still in J-1 program?

 

More importantly, were you subject to 212(e) aka 2 year rule?

Edited by OldUser
kstn Newbie

kstn   0

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10 minutes ago, OldUser said:

Out of status, if you're no longer in J-1 program. Sometimes visa can be expired but you're in status.

When was your last entry? Are you still in J-1 program?

 

More importantly, were you subject to 212(e) aka 2 year rule?

I got married 1 day before my visa was expired, that's why I'm so confused about the question.. So technically my visa was expired in October 15th

I was not a subject to 212 (e)

Edited by kstn
OldUser Veteran

OldUser   7,317

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51 minutes ago, kstn said:

I got married 1 day before my visa was expired, that's why I'm so confused about the question.. So technically my visa was expired in October 15th

I was not a subject to 212 (e)

Congratulations to you and your spouse, but for immigration it doesn't matter you got married. Marriage alone doesn't grant any status. Right now, if you're not in J-1 program, you're out of status.

Edited by OldUser
SalishSea Grand Master

SalishSea   18,083

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5 hours ago, kstn said:

Hi! I would be really happy to get some help. I'm filling the I-765 form out and they ask what visa or category I have currently. But my visa was expired, so I overstayed in the US because I got married. The question is what should I answer? No Status? 

Have you filed to adjust status?

kstn Newbie

kstn   0

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11 hours ago, SalishSea said:

Have you filed to adjust status?

Not yet. I want to send all documents together (I-130, I-485, I-765, I-864)

Or maybe then makes sense to send all of them except of I-765 first, and then say in the field of status "Adjustment of Status"? Or it's not correct?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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