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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Marrying A J-1 Visa Immigrant Who Overstayed Visa Period

    My girlfriend came from Peru to US on 2006 with a J-1 visa issued to stay just 4 months with permission to work and travel inside US territory. She overstayed this visa and is currently living in California. She doesn't know much about her situation neither how is her status now, is she consider illegal immigrant though she came trough an airport with a peruvian passport and a US visa?. She is aware she broke the immigration law by staying but is afraid of getting help and doesn't have enough money to get an attorney. Not seeking for love, she met an American Citizen and they are now living a romantic relationship. They would like to get married, but now there are big doubts of what the destiny of this cute couple going to be. Will she be able to get the American residence and further on get a citizenship? What are the steps to take? How long does it take?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Marrying A J-1 Visa Immigrant Who Overstayed Visa Period

    She needs to figure out if her visa has a two year foreign residency requirement. If so, she's going to need to satisfy that requirement, or successfully obtain a waiver, in order to stay in the U.S. Marriage is not a basis for waiver.

    If not, as long as she originally entered the U.S. legally, after she marries she can seek to adjust her status on the basis of marriage.

  3. #3
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Marrying A J-1 Visa Immigrant Who Overstayed Visa Period

    Thank you for replying.
    I looked at her visa, it says: bearer is not subject to section 212(E). Two year rule does not apply.
    I do not understand what does it mean, neither her. what is the section 212(E) ?? what a friend of ours told me the two year rule means whether she stays in US waiting for the residence or whether she goes back to her country to wait there for it. Is he right or wrong?

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Marrying A J-1 Visa Immigrant Who Overstayed Visa Period

    Thank you for replying.
    I looked at her visa, it says: bearer is not subject to section 212(E). Two year rule does not apply.
    I do not understand what does it mean, neither her. what is the section 212(E) ?? what a friend of ours told me the two year rule means whether she stays in US waiting for the residence or whether she goes back to her country to wait there for it. Is he right or wrong?

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