manxgirl23

Hi, I am a British Citizen living in the US.
I arrived in the US Oct 2007 on a J1 visa to work as an Au Pair. I completed my year as an Au Pair, during which time I met my husband and we got married Oct 2nd 2008, my visa says it expired 1st Oct 2008, but theres also a 30day extended stay with a J1 visa so Im guessing I was legally in the states until Nov 1st.
Anyways, so we got married Oct 2nd, and due to gathering paperwork, getting the money together and doing the medical we didnt file for AOS I485 until Dec 17th. I had my biometrics taken in January and just recently received my EAD and AP.
I now would LOVE to travel home and see my family who I havent seen in almost 2years! Do you think I will have a problem at POE because of the "overstay" between Oct and Dec. I am very worried because I read stories about people saying, you will be fine, its only if you overstay by 180days or more, but then I heard ppl say you shouldnt leave the US at all if you have incurred any kind of overstay.......

Please help me! Im due to travel home in 3weeks!!

Noorah101

Just wondering why you did this as a poll? We are mostly laymen here, who may or may not know the true legal answer to your question. If you take a poll, and 90% of the people say "go", and you go, but it was the wrong decision, that does not help you.

Your best bet is to have a 1-time consultation with an immigration attorney who can tell you for sure whether you are eligible to use AP safely or not. If you want to go home that badly, it will be worth $100 or so for the legal consultation.

I suggest you pose your question, but remove the poll. Not sure if you can do that, or if I need to.

Rene
Moderator

manxgirl23

Im sorry, Im new to this site.......... I tried to take the poll off? I dont know how to? Can you??

I think I may just not go home, as we are a little tight for money right now as I have been unable to work for the past 4months until I received my EAD we cant really afford a legal consultation..... Im guessing my best bet is not to travel

Noorah101

Definitely your *safest* bet is not to travel, at least until you are 100% sure you are eligible to use the AP.

I am also not sure how to remove the poll, but I will check into it.

Thanks,
Rene

jeffreyhy

mg,

Taking a poll is not a very good way to make what you apparently consider to be an important decision. You'd save a lot of time and trouble by flipping a coin.

Ask for opinions, and the reasons behind those opinions, and then make an informed decision.

Regards, JEff

Noorah101

The poll is being removed from the thread.

Rene
Moderator

manxgirl23

Im sorry I didnt realise making it a poll was such a big thing, I just clicked yes when it asked me, I wasn't going to make my decision based on the poll... sorry for any inconvienience.

Sue

Sorry can't remove poll, but I've closed it.


As you were.

Sue

That's okay, no worries.

ian-mstm

The most important question that no one has yet asked... is whether you have a 2-year Home Residency Requirment attached to your J-1 visa. If you do, you will not be allowed to adjust status (even if otherwise eligible) until you either fulfill the 2-yr HRR or get a waiver of that requirement.

If you're not sure, it'll be stamped in your passport... subject to (or not subject to) 212(e).

Ian

manxgirl23

I am not subject to the 2-year Home Residency Requirment. Sorry I should of wrote that...........

ian-mstm

<whew> One less thing to worry about!

Ian

manxgirl23

Sure is!
Have you had any experience with AP? Do you think its safe to travel!?

ian-mstm

My experience with AP does not involve an overstay - although the many times I used it I never had a problem returning to the US. At most, your overstay is 3 months - which to me, suggests that you will not have a problem using it at all.

Leaving the US isn't the issue - as I'm sure you're probably well aware... it's the getting back into the US. The absolute worst that could happen is that you would not be allowed to return to the US and you'd have to remain outside the US while your husband files a spouse visa for you - about 8 to 10 months. I guess it boils down to which is more important... travel to see your family, or possible separation from your husband.

Again, I don't think you'll have a problem using AP... but I'm not the officer at the port of entry on your way back in.

Ian

crg

I'd suggest that you use the AP if you want to. The fact that a J-1 is admitted for D/S (duration of status) almost alwats insulates them from the overstay problem that would prevent use of the AP.

Since you were not admitted to a specific date, the overstay would not start until the J-1 was denied a benefit, or found to be out of status by an IJ or USCIS.

A J-1 without a current SEVIS DS-2019 would be out of status and subject to removal, but no time would be ticking away towards an overstay bar.