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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Default Married To A U.S. Citizen - Do I Have To Go Back To My Country To Get Green Card?

    hallo
    my problem is....
    i was au pair for 2 years... this july my visa expired so i overstayed right now.. my fiancce is usa ciztizen...
    me and my fiancce just have a baby girl in november 2007 and we are going to get married in 2 weeks since now....
    my quastion is: do i have to leave usa and go back to my country to wait there for my green card or i can wait for it here in usa? and how long that take? can i go visit my family in my country after i will get married?
    we heard that the immigration law change lately so i get very worried....
    we've been 2,5 year together, i came here legal with j1 visa and have my ssn.... never had conflict with the law....

    please help me...

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Married To A U.S. Citizen - Do I Have To Go Back To My Country To Get Green Card?

    Did your J1 have a 2 year foreign residency requirement? If so, you need to get that waived or honor the requirement. Marriage does not excuse you from compliance with a foreign residency requirement.

    Be careful about leaving the country, as you apparently have overstayed by more than six months and appear subject to a three-year period of ineligibility to reenter the United States even if the foreign residency requirement does not apply. (After a year-long overstay, that becomes ten years.)

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