Unsure of very old HRR, advisory opinion inconclusive, married to USC - please help!
Oct 26th 2004, 6:35 am
#1
Guest
Posts: n/a
Unsure of very old HRR, advisory opinion inconclusive, married to USC - please help!
I would appreciate any feedback on my situation.
I first came to the US as a minor on a J1, 10 years ago, through a
student exchange agency. I understand they were collaborating with
USIA at the time. I am not sure whether the J1 had a home residency
requirement since the funding situation is unclear; I was a kid and
didn't pay attention to these things.
After a few months on J1, I continued on to college on an F1, and I'm
currently in a PhD program (still F1). A year ago I married my
girlfriend of 8 years who happens to be an USC. Needless to say, my
personal and professional life is here. When looking into I-130/I-485
I noticed the question asking about the HRR.
My US-based old J1 agency has no records of my stay (they only keep
them for 3 years), and they gave me an official statement saying so.
The IAP-66 has long been discarded (yes, I was a naive kid thinking I
don't need my old paperwork since I had a shiny new visa). My old
passport has been taken when I renewed it (standard procedure at the
time). I asked the State Dept. for an advisory opinion on the HRR,
forwarding them the statement from my agency in lieu of the IAP-66.
They replied saying they are unable to issue an advisory opinion.
My next step was to file form G-639, Freedom of Information
Act/Privacy Act Request asking for everything they have on me, to see
if I can recover my old IAP-66. This was 4 months ago and I received
the confirmation letters right away, but no documents yet.
As I understand it, even if I was subject to the HRR, I could not get
a waiver since USIA might have been involved.
I expect to graduate in May 2006 when my I-20 expires. My visa expires
in December 2005 and they will obviously not give me a new one because
I am married to an USC.
My question is: should I file for AOS anyway, and instead of answering
the HRR question, explain that I don't know the answer, I don't have
any papers since it was so long ago, and attach the statement from the
State Dept. saying they can't give me an advisory opinion either?
Should I wait for a reply about the G-639? Any other suggestions?
Thanks for any pointers!
I first came to the US as a minor on a J1, 10 years ago, through a
student exchange agency. I understand they were collaborating with
USIA at the time. I am not sure whether the J1 had a home residency
requirement since the funding situation is unclear; I was a kid and
didn't pay attention to these things.
After a few months on J1, I continued on to college on an F1, and I'm
currently in a PhD program (still F1). A year ago I married my
girlfriend of 8 years who happens to be an USC. Needless to say, my
personal and professional life is here. When looking into I-130/I-485
I noticed the question asking about the HRR.
My US-based old J1 agency has no records of my stay (they only keep
them for 3 years), and they gave me an official statement saying so.
The IAP-66 has long been discarded (yes, I was a naive kid thinking I
don't need my old paperwork since I had a shiny new visa). My old
passport has been taken when I renewed it (standard procedure at the
time). I asked the State Dept. for an advisory opinion on the HRR,
forwarding them the statement from my agency in lieu of the IAP-66.
They replied saying they are unable to issue an advisory opinion.
My next step was to file form G-639, Freedom of Information
Act/Privacy Act Request asking for everything they have on me, to see
if I can recover my old IAP-66. This was 4 months ago and I received
the confirmation letters right away, but no documents yet.
As I understand it, even if I was subject to the HRR, I could not get
a waiver since USIA might have been involved.
I expect to graduate in May 2006 when my I-20 expires. My visa expires
in December 2005 and they will obviously not give me a new one because
I am married to an USC.
My question is: should I file for AOS anyway, and instead of answering
the HRR question, explain that I don't know the answer, I don't have
any papers since it was so long ago, and attach the statement from the
State Dept. saying they can't give me an advisory opinion either?
Should I wait for a reply about the G-639? Any other suggestions?
Thanks for any pointers!
