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How to avoid the 2 year return policy for J1

How to avoid the 2 year return policy for J1

Old Jun 18th 2007, 9:26 pm
  #46  
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Default Re: How to avoid the 2 year return policy for J1

Originally Posted by davdah
The indonesian consulate said it would be no problem for a waiver on the 2yr HRR as long as we were married when applying. The other 3/10 was what I was worried about. There was mention of her having to be found out of status since it was stamped D/S by an Immigration judge. That might be the reason the lawyer said get married now too. She may be trying to set the stage for the judge to rule in our favour when that comes around. I wish she would explain in more detail what the plan is. I have no clue. Perhaps its too early on since we haven't had the first hearing yet. Its not even on calendar at this point.
I'm kind of confused about what you posted here. But here goes:
Indonesian consulate would give you a "no objection" letter or statement. That would "waive" the 2 year HRR and make her eligible to adjust status without going back home for 2 years. Not sure how the deportation hearing would play into it.

3/10 year bar -- this would only apply IF she has accrued 180 or more days of unlawful presence, AND she leaves the US before adjusting status successfully (i.e. getting her "green card"). If she has "D/S" on her I-94, and absent a determination from USCIS/immigration judge, she most likely has not accrued any unlawful presence. (I would ask your lawyer straight up whether or not she has accrued unlawful presence.) Even if she has accrued 180 or more days of unlawful presence, the 3/10 bar does not kick in unless she leaves the US. Unlawful presence/overstay in and of itself does not prevent one from adjusting status, if married to a USC.

Re: lawyer -- again, I think it would be part of what you paid for, for her to explain to you what her game plan is.
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Old Jun 19th 2007, 3:52 am
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Default Re: How to avoid the 2 year return policy for J1

Originally Posted by hcj1440
Even if she has accrued 180 or more days of unlawful presence, the 3/10 bar does not kick in unless she leaves the US. Unlawful presence/overstay in and of itself does not prevent one from adjusting status, if married to a USC.
She has absolutely no legal status in the US at the moment and would be deportable. Her ONLY option to stay here is to marry and try to AOS.

That's why *I'm* confused as to what this first hearing is to determine. This is where a very very good lawyer's expertise comes into play. You've said that the lawyer has advised you to marry BEFORE the hearing. For example, if the hearing regards whether or not she is eligible to adjust status (AOS), that point is absolutely moot unless she is in a position to adjust status, that is, MARRIED to a US citizen, not merely affianced.

Have you or your fiancee specifically asked what will happen if you do NOT marry before the hearing?

Last edited by snowbunny; Jun 19th 2007 at 3:55 am.
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Old Jun 19th 2007, 12:21 pm
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Default Re: How to avoid the 2 year return policy for J1

Originally Posted by snowbunny
... MARRIED to a US citizen, not merely affianced.
Karma given for the $10 word "affianced" and your correct usage!

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Old Jun 19th 2007, 1:29 pm
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Default Re: How to avoid the 2 year return policy for J1

I haven't asked what the situation would be if not married prior to the first court date. The two of us talked about that yesterday. Initially it came to mind because in order for her parents to come here for the wedding it will take some time, around 2 months advance notice. That plus all the normal planning etc that goes into it. Although the first hearing hasn't come on calendar. Once it does I doubt that we would have much in the way of an advance notice. I got to thinking that us being hitched may be an important element to the judge in reviewing her adjustment. Duh, of course it is. So, today I'm going to call the attorney back again and get some details about timing.

You are right about her having D/S stamped and she has not left the country. No determination about status yet. So, it could be no unlawful presence. That may be why when I asked the lawyer about the ban she asked 'what ban, for what'? Is when I got lectured about internet not being good for much else beyond e-bay.

I wanted us to have a nice wedding with all the niceties. If it goes the way I think it will. Lawyer will probably say, what are you waiting for. We'll have to resort to plan B. Technically the signing of the license is what the state looks at as far as people being married. I figured what we could do is get a civil service to satisfy the court. Once everyone could be here we would do the church service. She seemed to be ok with that strategy.
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Old Jun 19th 2007, 8:13 pm
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Default Re: How to avoid the 2 year return policy for J1

Originally Posted by davdah
I wanted us to have a nice wedding with all the niceties. If it goes the way I think it will. Lawyer will probably say, what are you waiting for. We'll have to resort to plan B. Technically the signing of the license is what the state looks at as far as people being married. I figured what we could do is get a civil service to satisfy the court. Once everyone could be here we would do the church service. She seemed to be ok with that strategy.
That's what we were going to do as well, although in the end we decided not to have a larger wedding ceremony after all. Instead we had a nice, very private civil ceremony at town hall. We still did rings, I got a dress (though not a wedding dress per se), I had flowers, we wrote our own vows, etc. I rather liked the ceremony we had and it actually felt more meaningful to me that way. Anyway a very roundabout way to say that you can personalize your civil ceremony, it doesn't have to be a completely meaningless service.
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