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Visa Expires but Waiting for Waiver, Should I Leave or Stay

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  • 04-08-2010, 07:10 AM
    sarai
    Visa Expires but Waiting for Waiver, Should I Leave or Stay
    Hello!
    I have a J1 visa with the 2 year rule requirement. I got married to my husband, who is an American citizen last January. I've been applying for the waiver based on no objection but still haven't received it and it looks like it is gonna take a while. My J1 visa expires on June 30th and I need to know what I should do if that date arrived and I hadn't received the waiver, should I go back to Spain or just stay here even if my visa expired?? Thank you, I really need your help!
  • 04-10-2010, 11:12 AM
    Mr. Knowitall
    Re: Visa Expires but Waiting for Waiver, Should I Leave or Stay
    As you know, if you don't get a waiver you can't adjust your status based on marriage until after you have satisfied the two year home country residence requirement. If you ultimately do not get a waiver, you will accrue unlawful presence. If in fact you never receive a waiver that will cause you even more problems down the line - you won't be able to adjust your status due to the two year rule, won't be able to leave without triggering your ineligibility to return, and will potentially be subject to deportation.

    What do you believe to be the reasons for the delay in your getting a response to your request for a waiver?
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