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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Default J1 Overstay and Waiver After Marriage to U.S. Citizen

    Hi,

    I came to US 9 years ago with a J1 visa and Im subject to section 212E so Im out of status for aprox. 8 1/2 years.
    Ive got the "no objection letter" from the Romanian Government but didnt apply yet for the waiver.I want to marry my girlfriend who is a US citizen and then apply for the waiver so I can adjust my status without leaving the US and want to know if:

    1. Can I be denied the waiver because I overstayed my visa or it doesn't matter the status at the time of the application? what are the chances of getting the waiver comparing my situation to other similar cases.

    2. In case Im denied the waiver what could happen next?Can I be deported or just ignored and let alone?

    thank you in advance.

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

    Default Re: J1 Overstay and Waiver After Marriage to U.S. Citizen

    1. Waiver is a separate issue from overstay. If you qualify for a waiver, I would expect you to get one.

    2. If you are in the country illegally, it is of course possible that you could be located and deported.

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