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  • is anybody here to answer me?Please

    Hi!I came here with a J1 Visa,with two-year home country presence requirement,and i overstayed one year and a few weeks.I have a boyfriend who is a us citizen.We are together for one year,and we want to get married.What can we do?Do we need the marriage licence first?Can we do all the process from here,without me going back to my country?I don't want to go there,because it will be so hard to came back,because i overstayed my visa.We love each other,and we care about each other so much.We are reading a lot about this from the internet,but it's really complicated,and confusing.We want to talk with a lawyer,but we want as many opinions,as posibile.I started to became depressed,because i know,that i don't have too many chances.So,please,give us some solutions,if there are some.I thank everybody anticipate,from all my heart.

  • #2
    Hi!I came here with a J1 Visa,with two-year home country presence requirement,and i overstayed one year and a few weeks.I have a boyfriend who is a us citizen.We are together for one year,and we want to get married.What can we do?Do we need the marriage licence first?Can we do all the process from here,without me going back to my country?I don't want to go there,because it will be so hard to came back,because i overstayed my visa.We love each other,and we care about each other so much.We are reading a lot about this from the internet,but it's really complicated,and confusing.We want to talk with a lawyer,but we want as many opinions,as posibile.I started to became depressed,because i know,that i don't have too many chances.So,please,give us some solutions,if there are some.I thank everybody anticipate,from all my heart.

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    • #3
      I am not a lawyer and the information I'm about to provide should not be considered as legal advice; I'm a USC who went through a similar situation with my estranged wife in January 2003, who came to the United States under the J-1 visa restrictions as an exchange student ...

      As you mentioned before a lawyer if s/he hasn't already will inform you to leave the country for a minimum of two years before you would be allowed to return for PR or even to work in the US, especially if your on an expired visa. But keep your head up there is still hope.

      First off make sure your boyfriend is there at every meeting you have scheduled - I'm sure he would be by your side anyway but it helps to illustrate your in a committed relationship.

      Secondly, I would recommend you try contacting your Congressmen's office. Warning: You can't vote just yet and will be working through their staff and not the actual congressman. You will also discover that some staffers will not be as personally motivated to resolve your case.

      Some are better and more knowledgeable than others, so make a point of contact in each congressional office in your home state.

      You may also want to start correspondence with the US State Department to get a waiver lifting your restrictions. A good congressional staffer will either do it for you or give you info on how to contact them. We had a lawyer at the time and it made the process so much easier.

      You will also need everything from your expired visa documents to any past petitions. So have your immigration file ready at every meeting.

      I can relate to the stress that both you and especially your boyfriend are experiencing at the present time and I feel your pain. The only reason why my wife was allowed to stay and work was due in large part to our marriage and the work of our congressman's staff.

      But promise me this one thing; I'm sure you love your boyfriend now, but please attend some form of pre marital counseling to ensure this is a long term relationship that will stand the test of years if not decades and not just serving a short term need. Your boyfriend is experiencing a lot of stress right now and will be committing himself not only to you (his love), friends, and family when you marry but to the US Government. Its a lot to ask of any one person to be accountable to so multiple people and not an easy situation to get out of if one of you decide to vacate the marriage.

      In conclusion: If the wavier is lifted then I suggest you hire a lawyer (If you haven't already) right away to file a I-130, I-485,
      I-864 along with other forms.

      Mike

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