My Fiance is a South African citizen who has lived here in the United State since his freshman year in high school 11 years ago. He came I believe on a student visa to live with his Aunt and Uncle who always handled his immmigration matters. His aunt and uncle left the states and few years ago and he has since not dealt with immigration at all yet. He was taking college classes until last October when he could not afford to go for a year. He is planning on starting up classes again in January and has been working and paying taxes in the US sinc ehe was 15. We have planned a trip to south africa in October that we have recently discovered won't happen because his visa status is questionable since he stopped class for a year. We want to get married and he wants to be able to go to school and continue work legally. PLease help!?! I am trying to understand what to do, but really have no idea. Can anyone give me a suggested route ot follow? Please. I love him so much and don't want anything to happen to him. We are willing to get married ASAP if that is the easiest way, but I don't know. Please help. Thank you so much
find out exactly what is your fiance current status (status is questionable ?!). If he is or was in any violation (overstay), from what I read, using Advance Parole to travel is not recommended. Before he adjusts and gets green card, he can always be refused entry into the US because of previous overstay.
If you love him and dont want to lose him, then get married right away and file adjustment of status package i-130/485/765/864/325a forms. follow links that Pasha gave you .
I concur with Aneri. I would not chance using the 1-131(advance parole) to visit outside the USA until he has greencard in hand. Advance parole gives permission to leave, only problem is there is no guarantee you will be let back in. This is relative whether you had or did not have previous overstay. It is solely at discretion of Immigration.
If you are in Vermont serv center or less busy serv center , most likely green card in 6 to 9 months. Others serv centers vary in timeframe,, some ranging taking up to 3yrs for greencard/interview.
I just want to re-iternate the warning of others: Do NOT let him leave the country under any circumstance until he has a permanent resident stamp in his passport!!!
Good luck.
Posts: 870 | Location: Northern California | Registered: 09-16-2003
That's what we thought - he is talking to an immigration lawyer tomorrow. I found out he is definitely on a J visa and his arrival/departure record apparently says valid for duration of stay and has no actual leave by date on it. What does that mean? And since he has a social security card and Michigan driver's license still, he can work while we await his change of status application package to go through, right?
Does the fact that he was sent over here when he was 14 change anything about his visa status? He has never changed his visa and has graduated high school and attended two different colleges over 3 years.
like I said.. check to see if his j visa has a 2 year foreign resident requirement. so u dont have any surprises.
It appears that he is illegal status right now for not attending classes for a year.
Also, when I mentioned that "technically he could work because he has in posession documents that qualify for the I-9 form for employment. He is not legal to work here! you have to read between the lines here.
So is your fiance a J or an F? You said he came as a student and then you said he is definitely a J. I can't imagine a J granted to a student of 14 years of age.
He told me that he has a J visa - I don't know if his aunt an uncle (who he was living with) changed him to a J after high school when he entered college? He honestly has never had anything to do with his visa before now (But trust me, I will be on him from now on!) What type of visa would they issue to a 14 year old coming over to attend high school, etc.?
I just spoke to my fiance and it is definitely a J-1 visa. I need that boy to let me photocopy his documents, so I have a better idea as to what people are referring to I am the one most activly researching our situation
How long does it take for someone that married a US citizen to get their green card or temp work permit or any other kind of paper that makes them legal?
It takes a while to get the permanent stamp. Once the papers are filed after 90 days then the immigrant can ask for an interim EAD that will allow him/her to work. But the stamp comes at the AOS interview and in some states that could take over a year. There are some instances where it has been longer or shorter but for the most part it looks as if there is a huge backlog so it could take a while.
I thought the application for EAD could be sent in with AOS paperwork and took approximately 90 days (usually) to be processed? Anyone know if it's perfectly "safe" to travel while waiting on AOS, with advanced parole?
You wont get the EAD in 90 days. What will happen is you can go into the office on the 91'st day and ask for an interim EAD. I wouldnt advise you to travel using advance parole until you have a stamp in your passport. I know that means years but you could be refused entry to the US at any of the Ports of Entries. I wouldnt travel period.
He WON'T get EAD in 90 days? I thought that is about what it was taking when sent in with AOS? Are you saying that you wouldn't recommend traveling just outside of the country, right?
Poster "Waiting for USA" needs to tell us when/where he filed and mostly important is what Serv Center he filed. Only then can he be told realistic answer. This could range from 120 days to 36 months in many cases.
No way should adjustee travel while waiting for adjustment. Even with advance parole I-131. There is no guarantee to let them in if their visa/travel doc has expired.
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We live in Michigan
That's good to know about the travelling, not good news, but good to know. 
