AOS from J, any restrictions?
Oct 22nd 2002, 10:44 pm
#1
Guest
Posts: n/a
AOS from J, any restrictions?
If someone is a J2 and been separated living in the US, and their J1 ex
divorces them, is there anything that would prevent them from then
remarrying here and doing an AOS? The legal issue as I understand it is
that they have to enter legally, and if they do, it shouldn't matter what
they change from as long as there was no other pre-emptive rule like the 2
year residency requirement, correct? Someone told me you can't adjust from
a J2, yet I see nothing anywhere that says you can't change from any status
as long as it's a legitimate love based marriage and there was no fraudulent
intent.
I get that technically the J2 is void once they are divorced. Then the
person's status would lapse immediately or after 30 days, I'm assuming. But
even so, if conditions changed and that person fell in love with someone
else and decided to marry. Are there any issues regarding AOS? This person
is working legally here now and wouldn't even know they were out of status
until the ex dumps the divorce papers on them. Perhaps even weeks after
they are signed.
-f
divorces them, is there anything that would prevent them from then
remarrying here and doing an AOS? The legal issue as I understand it is
that they have to enter legally, and if they do, it shouldn't matter what
they change from as long as there was no other pre-emptive rule like the 2
year residency requirement, correct? Someone told me you can't adjust from
a J2, yet I see nothing anywhere that says you can't change from any status
as long as it's a legitimate love based marriage and there was no fraudulent
intent.
I get that technically the J2 is void once they are divorced. Then the
person's status would lapse immediately or after 30 days, I'm assuming. But
even so, if conditions changed and that person fell in love with someone
else and decided to marry. Are there any issues regarding AOS? This person
is working legally here now and wouldn't even know they were out of status
until the ex dumps the divorce papers on them. Perhaps even weeks after
they are signed.
-f
Oct 23rd 2002, 12:03 am
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: AOS from J, any restrictions?
Originally posted by Freedomtrail:
If someone is a J2 and been separated living in the US, and their J1 ex
divorces them, is there anything that would prevent them from then
remarrying here and doing an AOS? The legal issue as I understand it is
that they have to enter legally, and if they do, it shouldn't matter what
they change from as long as there was no other pre-emptive rule like the 2
year residency requirement, correct? Someone told me you can't adjust from
a J2, yet I see nothing anywhere that says you can't change from any status
as long as it's a legitimate love based marriage and there was no fraudulent
intent.
I get that technically the J2 is void once they are divorced. Then the
person's status would lapse immediately or after 30 days, I'm assuming. But
even so, if conditions changed and that person fell in love with someone
else and decided to marry. Are there any issues regarding AOS? This person
is working legally here now and wouldn't even know they were out of status
until the ex dumps the divorce papers on them. Perhaps even weeks after
they are signed.
-f
If someone is a J2 and been separated living in the US, and their J1 ex
divorces them, is there anything that would prevent them from then
remarrying here and doing an AOS? The legal issue as I understand it is
that they have to enter legally, and if they do, it shouldn't matter what
they change from as long as there was no other pre-emptive rule like the 2
year residency requirement, correct? Someone told me you can't adjust from
a J2, yet I see nothing anywhere that says you can't change from any status
as long as it's a legitimate love based marriage and there was no fraudulent
intent.
I get that technically the J2 is void once they are divorced. Then the
person's status would lapse immediately or after 30 days, I'm assuming. But
even so, if conditions changed and that person fell in love with someone
else and decided to marry. Are there any issues regarding AOS? This person
is working legally here now and wouldn't even know they were out of status
until the ex dumps the divorce papers on them. Perhaps even weeks after
they are signed.
-f
A very interesting question and one subject to some legal debate. I happen to be of the opinion that the J-2 in this circumstance is not subject to the 212(e) 2-year FRR. However, that is MY opinion; INS happens to disagree with me. Although I'm right and they are wrong, it is they and not me who has the power to grant adjustment of status.
The few times I've looked this up and have also discussed this with the "J" mavens in AILA, it seems that the issue has not been the subject of any published case!
Fortunately, what I've been able to do in the cases where this came up is that the J-1 either was home for 2 years while we were fighting, thereby mooting the issue or we convinced INS that the 2-year FRR didn't apply to the J-1 in the first place!
Oct 23rd 2002, 6:43 pm
#3
Guest
Posts: n/a
Re: AOS from J, any restrictions?
Thanks, In this case, however, the J1 is positively NOT subject to the 2
year residency. So, my big question is if the J1 goes back and gets
divorced, then comes back to the USA and informs the J2, can the J2 (now not
a J2 anymore
) get married and file AOS? The key issue is that the
former J2 is technicially divorced and out of status as of the day of the
divorce, but they did enter legally months ago and do not have to return for
2 years. Normally, I have heard they have 30 days to get out of the
country? So, can they get married to someone else in that 30 days or say 60
days later even and legally file for AOS?
-f
year residency. So, my big question is if the J1 goes back and gets
divorced, then comes back to the USA and informs the J2, can the J2 (now not
a J2 anymore
) get married and file AOS? The key issue is that theformer J2 is technicially divorced and out of status as of the day of the
divorce, but they did enter legally months ago and do not have to return for
2 years. Normally, I have heard they have 30 days to get out of the
country? So, can they get married to someone else in that 30 days or say 60
days later even and legally file for AOS?
-f
Oct 23rd 2002, 6:46 pm
#4
Guest
Posts: n/a
Re: AOS from J, any restrictions?
If you are filing based on marriage to a US citizen, overstay is forgiven.
You might not even by accrueing illegal presence anyway: If your I-94 is
stamped to (let's say) 7/23/2003 but your status is no longer valid because
you are no longer married to the J-1 holder, it is my understanding that you
would not be accrueing illegal presence time even if you are out of status.
Why does that matter if overstays are forgiven? Well, if are judged to have
accrued 180 days illegal presence you can't leave the US until you are a
permanent resident without triggering the 3 year ban. But if you aren't
accruing that illegal presence then you would be safe to get AP. I can't say
one way or the other - a lawyer should probably be consulted for proper
legal advice on this issue.
Andy.
--
I'm not really here - it's just your warped imagination.
"FreedomTrail" wrote in message
news:3db6ea23$0$959$39cecf19-
@nnrp1.twtelecom.net...
> Thanks, In this case, however, the J1 is positively NOT subject to the 2
> year residency. So, my big question is if the J1 goes back and gets
> divorced, then comes back to the USA and informs the J2, can the J2 (now
not
> a J2 anymore ) get married and file AOS? The key issue is that the
> former J2 is technicially divorced and out of status as of the day of the
> divorce, but they did enter legally months ago and do not have to return
for
> 2 years. Normally, I have heard they have 30 days to get out of the
> country? So, can they get married to someone else in that 30 days or say
60
> days later even and legally file for AOS?
> -f
You might not even by accrueing illegal presence anyway: If your I-94 is
stamped to (let's say) 7/23/2003 but your status is no longer valid because
you are no longer married to the J-1 holder, it is my understanding that you
would not be accrueing illegal presence time even if you are out of status.
Why does that matter if overstays are forgiven? Well, if are judged to have
accrued 180 days illegal presence you can't leave the US until you are a
permanent resident without triggering the 3 year ban. But if you aren't
accruing that illegal presence then you would be safe to get AP. I can't say
one way or the other - a lawyer should probably be consulted for proper
legal advice on this issue.
Andy.
--
I'm not really here - it's just your warped imagination.
"FreedomTrail" wrote in message
news:3db6ea23$0$959$39cecf19-
@nnrp1.twtelecom.net...
> Thanks, In this case, however, the J1 is positively NOT subject to the 2
> year residency. So, my big question is if the J1 goes back and gets
> divorced, then comes back to the USA and informs the J2, can the J2 (now
not
> a J2 anymore
) get married and file AOS? The key issue is that the> former J2 is technicially divorced and out of status as of the day of the
> divorce, but they did enter legally months ago and do not have to return
for
> 2 years. Normally, I have heard they have 30 days to get out of the
> country? So, can they get married to someone else in that 30 days or say
60
> days later even and legally file for AOS?
> -f
Oct 23rd 2002, 7:12 pm
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: AOS from J, any restrictions?
Originally posted by Freedomtrail:
Thanks, In this case, however, the J1 is positively NOT subject to the 2
year residency. So, my big question is if the J1 goes back and gets
divorced, then comes back to the USA and informs the J2, can the J2 (now not
a J2 anymore ) get married and file AOS? The key issue is that the
former J2 is technicially divorced and out of status as of the day of the
divorce, but they did enter legally months ago and do not have to return for
2 years. Normally, I have heard they have 30 days to get out of the
country? So, can they get married to someone else in that 30 days or say 60
days later even and legally file for AOS?
-f
Thanks, In this case, however, the J1 is positively NOT subject to the 2
year residency. So, my big question is if the J1 goes back and gets
divorced, then comes back to the USA and informs the J2, can the J2 (now not
a J2 anymore
) get married and file AOS? The key issue is that theformer J2 is technicially divorced and out of status as of the day of the
divorce, but they did enter legally months ago and do not have to return for
2 years. Normally, I have heard they have 30 days to get out of the
country? So, can they get married to someone else in that 30 days or say 60
days later even and legally file for AOS?
-f
You haven't mentioned HOW you would intend to adjust your immigrant status. But assuming you are not subject to the FRR, then you may be able to adjust under the same rules as anyone else.
