J2 divored, remarrying in US?
Jul 18th 2002, 10:20 pm
#1
Guest
Posts: n/a
J2 divored, remarrying in US?
If someone is here already as a J2 under a J1 with kids. Gets divorced, but remarries
within 6 months, how does that work? They would then have to change their status,
right? What are all the forms for this? I see a lot of stuff on K1, but there is no
fiancée stuff in this case, they would already be in the US, divorce and get
remarried. Of course the J2 would lapse officially with the divorce, so I wonder how
much time the have to marry before having to leave or report it. Let's say they
already got a SSN and a Work Authorization under their J2 status, do they have to get
another work authorization all over again? Thanks.
Fred
within 6 months, how does that work? They would then have to change their status,
right? What are all the forms for this? I see a lot of stuff on K1, but there is no
fiancée stuff in this case, they would already be in the US, divorce and get
remarried. Of course the J2 would lapse officially with the divorce, so I wonder how
much time the have to marry before having to leave or report it. Let's say they
already got a SSN and a Work Authorization under their J2 status, do they have to get
another work authorization all over again? Thanks.
Fred
Jul 19th 2002, 12:20 pm
#2
Guest
Posts: n/a
Re: J2 divored, remarrying in US?
"Fred" <[email protected]> wrote in message
news:[email protected]...
> If someone is here already as a J2 under a J1 with kids. Gets divorced,
but
> remarries within 6 months, how does that work? They would then have to change their
> status, right? What are all the forms for this? I see a lot of stuff on K1, but
> there is no fiancée stuff in this case, they would already be in the US, divorce
> and get remarried. Of course the J2 would lapse officially with the divorce, so I
> wonder how much time the have to marry before having to leave or report it. Let's
> say they already got a
SSN
> and a Work Authorization under their J2 status, do they have to get
another
> work authorization all over again? Thanks.
I assume they are marrying a US citizen? Anyway, yes, their J2 status would lapse
with the divorce and they would become out of status. Continuing to work would be
illegal (but if they were adjusting status based on marriage to a US citizen that
would be forgiven) until they had applied to adjust status and got work
authorization. Depending on what their I-94 says they might start acrueing illegal
presence until they file to adjust status (and six months of that would give a three
year ban on returning to the US if they left before becoming a permanent resident)
but otherwise the overstay will be forgiven to. In today's climate I wouldn't risk it
- I'd get married and file immediately, particularly if they suspect their ex would
inform the INS that the J2 was no longer valid.
The following sites give a good overview of the process:
http://www.geocities.com/immigration_helpsite/index.htm
http://www.mindspring.com/~docsteen/...o/visainfo.htm
One thing to watch out for. J-2s are subject to the same two year HRR rules as the
J-1 so that can sometimes be a problem.
Andy.
--
I'm not really here - it's just your warped imagination.
>
> Fred
news:[email protected]...
> If someone is here already as a J2 under a J1 with kids. Gets divorced,
but
> remarries within 6 months, how does that work? They would then have to change their
> status, right? What are all the forms for this? I see a lot of stuff on K1, but
> there is no fiancée stuff in this case, they would already be in the US, divorce
> and get remarried. Of course the J2 would lapse officially with the divorce, so I
> wonder how much time the have to marry before having to leave or report it. Let's
> say they already got a
SSN
> and a Work Authorization under their J2 status, do they have to get
another
> work authorization all over again? Thanks.
I assume they are marrying a US citizen? Anyway, yes, their J2 status would lapse
with the divorce and they would become out of status. Continuing to work would be
illegal (but if they were adjusting status based on marriage to a US citizen that
would be forgiven) until they had applied to adjust status and got work
authorization. Depending on what their I-94 says they might start acrueing illegal
presence until they file to adjust status (and six months of that would give a three
year ban on returning to the US if they left before becoming a permanent resident)
but otherwise the overstay will be forgiven to. In today's climate I wouldn't risk it
- I'd get married and file immediately, particularly if they suspect their ex would
inform the INS that the J2 was no longer valid.
The following sites give a good overview of the process:
http://www.geocities.com/immigration_helpsite/index.htm
http://www.mindspring.com/~docsteen/...o/visainfo.htm
One thing to watch out for. J-2s are subject to the same two year HRR rules as the
J-1 so that can sometimes be a problem.
Andy.
--
I'm not really here - it's just your warped imagination.
>
> Fred
Nov 23rd 2002, 2:40 pm
#3
Forum Regular
Joined: Nov 2002
Location: Southeast USA
Posts: 234
Re: J2 divored, remarrying in US?
Andy,
These replies are not showing up on news servers, the only way to make sure you get all messages from people who post on expats is to view from here, so that's why it took so long to see this message.
So what you are saying is that to the best of your knowledge, a person could get divorced, remarry keep their job and then any out of status situation, as well as working while they way 3 months for another new EAD (which they should and could if they want do in 1 day) would be forgiven. I notice on one of the forms is says "current job" and "start date"
Also, you seem to know about "out of status" vs. "unlawful presence". What's the difference? On a J visa, it appears that you may be out of status upon divorce or if a person lost their job and was sent back? And if that employer or someone else turned in some paperwork to whoever you would start acruing "illegal presenece"? My understanding is that the J visa's need something to trigger an event anyway because they are for "duration of status".
Lastly, you imply that the 180 clock stops at the filing of paperwork, is that correct? I really don't understand what starts the clock and what stops it. Or do you keep acruing until you get permanent resident status? Thanks!
FR
These replies are not showing up on news servers, the only way to make sure you get all messages from people who post on expats is to view from here, so that's why it took so long to see this message.
So what you are saying is that to the best of your knowledge, a person could get divorced, remarry keep their job and then any out of status situation, as well as working while they way 3 months for another new EAD (which they should and could if they want do in 1 day) would be forgiven. I notice on one of the forms is says "current job" and "start date"
Also, you seem to know about "out of status" vs. "unlawful presence". What's the difference? On a J visa, it appears that you may be out of status upon divorce or if a person lost their job and was sent back? And if that employer or someone else turned in some paperwork to whoever you would start acruing "illegal presenece"? My understanding is that the J visa's need something to trigger an event anyway because they are for "duration of status".
Lastly, you imply that the 180 clock stops at the filing of paperwork, is that correct? I really don't understand what starts the clock and what stops it. Or do you keep acruing until you get permanent resident status? Thanks!
FR
Originally posted by Andy Platt
"Fred" <[email protected]> wrote in message
news:[email protected]...
> If someone is here already as a J2 under a J1 with kids. Gets divorced,
but
> remarries within 6 months, how does that work? They would then have to change their
> status, right? What are all the forms for this? I see a lot of stuff on K1, but
> there is no fiancée stuff in this case, they would already be in the US, divorce
> and get remarried. Of course the J2 would lapse officially with the divorce, so I
> wonder how much time the have to marry before having to leave or report it. Let's
> say they already got a
SSN
> and a Work Authorization under their J2 status, do they have to get
another
> work authorization all over again? Thanks.
I assume they are marrying a US citizen? Anyway, yes, their J2 status would lapse
with the divorce and they would become out of status. Continuing to work would be
illegal (but if they were adjusting status based on marriage to a US citizen that
would be forgiven) until they had applied to adjust status and got work
authorization. Depending on what their I-94 says they might start acrueing illegal
presence until they file to adjust status (and six months of that would give a three
year ban on returning to the US if they left before becoming a permanent resident)
but otherwise the overstay will be forgiven to. In today's climate I wouldn't risk it
- I'd get married and file immediately, particularly if they suspect their ex would
inform the INS that the J2 was no longer valid.
The following sites give a good overview of the process:
http://www.geocities.com/immigration_helpsite/index.htm
http://www.mindspring.com/~docsteen/...o/visainfo.htm
One thing to watch out for. J-2s are subject to the same two year HRR rules as the
J-1 so that can sometimes be a problem.
Andy.
--
I'm not really here - it's just your warped imagination.
>
> Fred
"Fred" <[email protected]> wrote in message
news:[email protected]...
> If someone is here already as a J2 under a J1 with kids. Gets divorced,
but
> remarries within 6 months, how does that work? They would then have to change their
> status, right? What are all the forms for this? I see a lot of stuff on K1, but
> there is no fiancée stuff in this case, they would already be in the US, divorce
> and get remarried. Of course the J2 would lapse officially with the divorce, so I
> wonder how much time the have to marry before having to leave or report it. Let's
> say they already got a
SSN
> and a Work Authorization under their J2 status, do they have to get
another
> work authorization all over again? Thanks.
I assume they are marrying a US citizen? Anyway, yes, their J2 status would lapse
with the divorce and they would become out of status. Continuing to work would be
illegal (but if they were adjusting status based on marriage to a US citizen that
would be forgiven) until they had applied to adjust status and got work
authorization. Depending on what their I-94 says they might start acrueing illegal
presence until they file to adjust status (and six months of that would give a three
year ban on returning to the US if they left before becoming a permanent resident)
but otherwise the overstay will be forgiven to. In today's climate I wouldn't risk it
- I'd get married and file immediately, particularly if they suspect their ex would
inform the INS that the J2 was no longer valid.
The following sites give a good overview of the process:
http://www.geocities.com/immigration_helpsite/index.htm
http://www.mindspring.com/~docsteen/...o/visainfo.htm
One thing to watch out for. J-2s are subject to the same two year HRR rules as the
J-1 so that can sometimes be a problem.
Andy.
--
I'm not really here - it's just your warped imagination.
>
> Fred
Nov 23rd 2002, 5:50 pm
#4
Guest
Posts: n/a
Re: J2 divored, remarrying in US?
In article , FlightRisk
writes
>Andy,
>These replies are not showing up on news servers, the only way to make
>sure you get all messages from people who post on expats is to view from
>here, so that's why it took so long to see this message.
Hmmm, your assumption is flawed. Most news servers would have shown
these postings in July when they were originally posted. Since then they
would have expired either on the news servers or on most readers'
machines.
From: "Fred"
Newsgroups: alt.visa.us.marriage-based
Subject: J2 divored, remarrying in US?
Date: Thu, 18 Jul 2002 17:01:19 -0400
Message-ID:
My news server received the OP's posting at 21:01:19 GMT Thu 18 Jul 2002
(the headers do not show the original posting time)
--------------------------------------------------
From: "Andy Platt"
Newsgroups: alt.visa.us.marriage-based
References:
Subject: Re: J2 divored, remarrying in US?
Date: Fri, 19 Jul 2002 07:39:52 -0400
Message-ID:
X-Trace: vienna7.his.com 1027078723 ws156.ocsystems.com (19 Jul 2002
07:38:43 -0400)
My news server received Andy's posting at 11:39:52 GMT Fri 19 Jul 2002
The headers show this was posted at 11:38:43 GMT - 1 min 9 secs earlier
--------------------------------------------------
From: FlightRisk
Newsgroups: alt.visa.us.marriage-based
Subject: Re: J2 divored, remarrying in US?
Date: Sat, 23 Nov 2002 15:40:39 +0000
Organization: BritishExpats
Message-ID:
References:
NNTP-Posting-Host: p-165.newsdawg.com
User-Agent: BritishExpats Forums
X-Original-NNTP-Posting-Host: ns.spikeball.com
X-Original-Trace: 23 Nov 2002 16:15:07 GMT, ns.spikeball.com
My news server received your posting at 15:40:39 GMT Sat 23 Nov 2002
The headers show this was posted at 16:15:07 GMT Sat 23 Nov 2002
--------------------------------------------------
So it appears -
1) you are replying to posts some 4 months old (way beyond the
retention times of most news servers)
2) you seem to have posted your message some 35 mins after I received
it!! As this is not possible, someone's clock is out of synch.
--
squire
Those are my principles. If you don't like them I have others. (Groucho)
writes
>Andy,
>These replies are not showing up on news servers, the only way to make
>sure you get all messages from people who post on expats is to view from
>here, so that's why it took so long to see this message.
Hmmm, your assumption is flawed. Most news servers would have shown
these postings in July when they were originally posted. Since then they
would have expired either on the news servers or on most readers'
machines.
From: "Fred"
Newsgroups: alt.visa.us.marriage-based
Subject: J2 divored, remarrying in US?
Date: Thu, 18 Jul 2002 17:01:19 -0400
Message-ID:
My news server received the OP's posting at 21:01:19 GMT Thu 18 Jul 2002
(the headers do not show the original posting time)
--------------------------------------------------
From: "Andy Platt"
Newsgroups: alt.visa.us.marriage-based
References:
Subject: Re: J2 divored, remarrying in US?
Date: Fri, 19 Jul 2002 07:39:52 -0400
Message-ID:
X-Trace: vienna7.his.com 1027078723 ws156.ocsystems.com (19 Jul 2002
07:38:43 -0400)
My news server received Andy's posting at 11:39:52 GMT Fri 19 Jul 2002
The headers show this was posted at 11:38:43 GMT - 1 min 9 secs earlier
--------------------------------------------------
From: FlightRisk
Newsgroups: alt.visa.us.marriage-based
Subject: Re: J2 divored, remarrying in US?
Date: Sat, 23 Nov 2002 15:40:39 +0000
Organization: BritishExpats
Message-ID:
References:
NNTP-Posting-Host: p-165.newsdawg.com
User-Agent: BritishExpats Forums
X-Original-NNTP-Posting-Host: ns.spikeball.com
X-Original-Trace: 23 Nov 2002 16:15:07 GMT, ns.spikeball.com
My news server received your posting at 15:40:39 GMT Sat 23 Nov 2002
The headers show this was posted at 16:15:07 GMT Sat 23 Nov 2002
--------------------------------------------------
So it appears -
1) you are replying to posts some 4 months old (way beyond the
retention times of most news servers)
2) you seem to have posted your message some 35 mins after I received
it!! As this is not possible, someone's clock is out of synch.
--
squire
Those are my principles. If you don't like them I have others. (Groucho)
Nov 23rd 2002, 6:49 pm
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: J2 divored, remarrying in US?
Originally posted by Fred
If someone is here already as a J2 under a J1 with kids. Gets divorced, but remarries
within 6 months, how does that work? They would then have to change their status,
right? What are all the forms for this? I see a lot of stuff on K1, but there is no
fiancée stuff in this case, they would already be in the US, divorce and get
remarried. Of course the J2 would lapse officially with the divorce, so I wonder how
much time the have to marry before having to leave or report it. Let's say they
already got a SSN and a Work Authorization under their J2 status, do they have to get
another work authorization all over again? Thanks.
Fred
If someone is here already as a J2 under a J1 with kids. Gets divorced, but remarries
within 6 months, how does that work? They would then have to change their status,
right? What are all the forms for this? I see a lot of stuff on K1, but there is no
fiancée stuff in this case, they would already be in the US, divorce and get
remarried. Of course the J2 would lapse officially with the divorce, so I wonder how
much time the have to marry before having to leave or report it. Let's say they
already got a SSN and a Work Authorization under their J2 status, do they have to get
another work authorization all over again? Thanks.
Fred
It would be pretty much like any other non-immigrant who is already in the US and marries a US citizen.
However, the "J" raises the possiblity of the 2-year Foreign Residence Requirement under 212(e) of the Immigration & Nationality Act. If the J-1, soon-to-be-ex- is subject to that requirement, the Government takes the position that the J-2's are also subject until the J-1 meets the requirement. I know that the J-mavens of the bar happen to think that the government's actions here are "ultra vires" [e.g. illegal and flat-out wrong] but you may be walking into a buzz saw.
Nov 24th 2002, 3:26 pm
#6
Forum Regular
Joined: Nov 2002
Location: Southeast USA
Posts: 234
Re: J2 divored, remarrying in US?
Without running tests like you have, I have no idea why it isn't working, all I can tell you is it is not the reason you stated, posting to a months old message. My logic isn't "flawed". 
I post a message via a time warner news server. I use outlook express to check the posts every day several times a day. I do not see some messages. The the threads never appear in the headers I download and I can't find them or see them anywhere. I think no one has responded, but then I get a reply from someone who is replying to a message I sent! So I know that a poster replied, but I can't see it.
If this happens to me, I'm sure it happens to others and it "seems" to be messages posted via expats as opposed to people posting via the newsgroup directly that go missing. The reason I replied to this message so late is that I search expats for messages that I thought garnered no reply and found this one months later. If you can shed any other light as to how I could be missing messages, I would appreciate it. Thanks!
FR
I post a message via a time warner news server. I use outlook express to check the posts every day several times a day. I do not see some messages. The the threads never appear in the headers I download and I can't find them or see them anywhere. I think no one has responded, but then I get a reply from someone who is replying to a message I sent! So I know that a poster replied, but I can't see it.
If this happens to me, I'm sure it happens to others and it "seems" to be messages posted via expats as opposed to people posting via the newsgroup directly that go missing. The reason I replied to this message so late is that I search expats for messages that I thought garnered no reply and found this one months later. If you can shed any other light as to how I could be missing messages, I would appreciate it. Thanks!
FR
Originally posted by Squire
In article , FlightRisk
writes
>Andy,
>These replies are not showing up on news servers, the only way to make
>sure you get all messages from people who post on expats is to view from
>here, so that's why it took so long to see this message.
Hmmm, your assumption is flawed. Most news servers would have shown
these postings in July when they were originally posted. Since then they
would have expired either on the news servers or on most readers'
machines.
From: "Fred"
Newsgroups: alt.visa.us.marriage-based
Subject: J2 divored, remarrying in US?
Date: Thu, 18 Jul 2002 17:01:19 -0400
Message-ID:
My news server received the OP's posting at 21:01:19 GMT Thu 18 Jul 2002
(the headers do not show the original posting time)
--------------------------------------------------
From: "Andy Platt"
Newsgroups: alt.visa.us.marriage-based
References:
Subject: Re: J2 divored, remarrying in US?
Date: Fri, 19 Jul 2002 07:39:52 -0400
Message-ID:
X-Trace: vienna7.his.com 1027078723 ws156.ocsystems.com (19 Jul 2002
07:38:43 -0400)
My news server received Andy's posting at 11:39:52 GMT Fri 19 Jul 2002
The headers show this was posted at 11:38:43 GMT - 1 min 9 secs earlier
--------------------------------------------------
From: FlightRisk
Newsgroups: alt.visa.us.marriage-based
Subject: Re: J2 divored, remarrying in US?
Date: Sat, 23 Nov 2002 15:40:39 +0000
Organization: BritishExpats
Message-ID:
References:
NNTP-Posting-Host: p-165.newsdawg.com
User-Agent: BritishExpats Forums
X-Original-NNTP-Posting-Host: ns.spikeball.com
X-Original-Trace: 23 Nov 2002 16:15:07 GMT, ns.spikeball.com
My news server received your posting at 15:40:39 GMT Sat 23 Nov 2002
The headers show this was posted at 16:15:07 GMT Sat 23 Nov 2002
--------------------------------------------------
So it appears -
1) you are replying to posts some 4 months old (way beyond the
retention times of most news servers)
2) you seem to have posted your message some 35 mins after I received
it!! As this is not possible, someone's clock is out of synch.
--
squire
Those are my principles. If you don't like them I have others. (Groucho)
In article , FlightRisk
writes
>Andy,
>These replies are not showing up on news servers, the only way to make
>sure you get all messages from people who post on expats is to view from
>here, so that's why it took so long to see this message.
Hmmm, your assumption is flawed. Most news servers would have shown
these postings in July when they were originally posted. Since then they
would have expired either on the news servers or on most readers'
machines.
From: "Fred"
Newsgroups: alt.visa.us.marriage-based
Subject: J2 divored, remarrying in US?
Date: Thu, 18 Jul 2002 17:01:19 -0400
Message-ID:
My news server received the OP's posting at 21:01:19 GMT Thu 18 Jul 2002
(the headers do not show the original posting time)
--------------------------------------------------
From: "Andy Platt"
Newsgroups: alt.visa.us.marriage-based
References:
Subject: Re: J2 divored, remarrying in US?
Date: Fri, 19 Jul 2002 07:39:52 -0400
Message-ID:
X-Trace: vienna7.his.com 1027078723 ws156.ocsystems.com (19 Jul 2002
07:38:43 -0400)
My news server received Andy's posting at 11:39:52 GMT Fri 19 Jul 2002
The headers show this was posted at 11:38:43 GMT - 1 min 9 secs earlier
--------------------------------------------------
From: FlightRisk
Newsgroups: alt.visa.us.marriage-based
Subject: Re: J2 divored, remarrying in US?
Date: Sat, 23 Nov 2002 15:40:39 +0000
Organization: BritishExpats
Message-ID:
References:
NNTP-Posting-Host: p-165.newsdawg.com
User-Agent: BritishExpats Forums
X-Original-NNTP-Posting-Host: ns.spikeball.com
X-Original-Trace: 23 Nov 2002 16:15:07 GMT, ns.spikeball.com
My news server received your posting at 15:40:39 GMT Sat 23 Nov 2002
The headers show this was posted at 16:15:07 GMT Sat 23 Nov 2002
--------------------------------------------------
So it appears -
1) you are replying to posts some 4 months old (way beyond the
retention times of most news servers)
2) you seem to have posted your message some 35 mins after I received
it!! As this is not possible, someone's clock is out of synch.
--
squire
Those are my principles. If you don't like them I have others. (Groucho)
Nov 25th 2002, 5:14 pm
#7
Forum Regular
Joined: Nov 2002
Location: Southeast USA
Posts: 234
Re: J2 divored, remarrying in US?
One more note to Squire and anyone regarding the missing messages, in one case I checked my OE inbox daily and saw no reply to a message. However, one person copied my direct email as well as posted to the group. I never saw the post, but since it was also emailed to me, I went looking. It was not on my news server, or at least not downloaded in my headers, yet I had many messages from that day. Going to expats, it was easy to find that reply along with all the other messages in that thread, most of which I got! Thanks.
FR
FR
