AOS many problems, need help
Oct 8th 2002, 10:04 am
#1
Forum Regular
Thread Starter
Joined: Oct 2002
Location: Austin, Tx
Posts: 124
AOS many problems, need help
Hey,
UKC married to USC.
Lost I-94.
10 moths over I-94.
J-1 Visa 2000 + 2001.
Don't Know about 2 year restriction or whether i come under it.
Don't know what to do.
Thinking of beginning to start filing for AOS.
Need advice, HELP.
Otherwise things are just rosey.
peace, James.
UKC married to USC.
Lost I-94.
10 moths over I-94.
J-1 Visa 2000 + 2001.
Don't Know about 2 year restriction or whether i come under it.
Don't know what to do.
Thinking of beginning to start filing for AOS.
Need advice, HELP.
Otherwise things are just rosey.
peace, James.
Oct 8th 2002, 6:23 pm
#2
Guest
Posts: n/a
Re: AOS many problems, need help
"jimmyk" wrote in message
news:436789.1034071459@britishexpats-
.com...
> UKC married to USC.
> Lost I-94.
> 10 moths over I-94.
> J-1 Visa 2000 + 2001.
> Don't Know about 2 year restriction or whether i come under it.
You should try to find out before you file the I-130/I-485. The indication
on the J-1 visa stamp in your passport is not necessarily conclusive,
because U.S. consular posts often make mistakes on that issue. You should
call the sponsor for your J-1 program and ask them whether or not you are
subject to the 2 yr HRR.
> Don't know what to do.
> Thinking of beginning to start filing for AOS.
> Need advice, HELP.
> Otherwise things are just rosey.
> peace, James.
If you are not subject, then this is what you do: you and your spouse file
Forms I-130/I-485/I-765 at the INS district office for your residence. You
must also file Form I-102, application for replacement of I-94. When INS
accepts these applications, you will hold legal status again.
You should take steps to get copies of your Forms IAP-66. To have a good
chance of getting permanent resident status at your interview, you should
get an advisory opinion from the Department of State to take in with you to
the interview, as well as copies of the forms. INS will not give you PR
status until it is satisfied that you are not subject to the 2 yr HRR. See
http://travel.state.gov/j_faq.html,
Advisory Opinions.
If you *are* subject to the 2 year HRR, your situation is a little trickier.
You could still try to file the forms with the I-102, and you may be able to
get INS to accept the package, because they may not be sophisticated enough
to figure out that you are subject. Then you would have some time in which
to try to get a waiver of the 2 year HRR. You would be in legal status and
you would have work authorization, even if it would take you years to get
the waiver.
The only warning I would give about this last course of action is that if
you are subject, and getting a waiver is virtually impossible (for example,
you accepted Fulbright funding), then you and your wife would be in quite a
difficult position. It might be better at that point for the two of you to
move to your home country for a couple of years.
news:436789.1034071459@britishexpats-
.com...
> UKC married to USC.
> Lost I-94.
> 10 moths over I-94.
> J-1 Visa 2000 + 2001.
> Don't Know about 2 year restriction or whether i come under it.
You should try to find out before you file the I-130/I-485. The indication
on the J-1 visa stamp in your passport is not necessarily conclusive,
because U.S. consular posts often make mistakes on that issue. You should
call the sponsor for your J-1 program and ask them whether or not you are
subject to the 2 yr HRR.
> Don't know what to do.
> Thinking of beginning to start filing for AOS.
> Need advice, HELP.
> Otherwise things are just rosey.
> peace, James.
If you are not subject, then this is what you do: you and your spouse file
Forms I-130/I-485/I-765 at the INS district office for your residence. You
must also file Form I-102, application for replacement of I-94. When INS
accepts these applications, you will hold legal status again.
You should take steps to get copies of your Forms IAP-66. To have a good
chance of getting permanent resident status at your interview, you should
get an advisory opinion from the Department of State to take in with you to
the interview, as well as copies of the forms. INS will not give you PR
status until it is satisfied that you are not subject to the 2 yr HRR. See
http://travel.state.gov/j_faq.html,
Advisory Opinions.
If you *are* subject to the 2 year HRR, your situation is a little trickier.
You could still try to file the forms with the I-102, and you may be able to
get INS to accept the package, because they may not be sophisticated enough
to figure out that you are subject. Then you would have some time in which
to try to get a waiver of the 2 year HRR. You would be in legal status and
you would have work authorization, even if it would take you years to get
the waiver.
The only warning I would give about this last course of action is that if
you are subject, and getting a waiver is virtually impossible (for example,
you accepted Fulbright funding), then you and your wife would be in quite a
difficult position. It might be better at that point for the two of you to
move to your home country for a couple of years.
