overstayed J1 and Marrying USC

Hello, everyone.

I have been overstaying my J1 visa with 2 yr HRR for almost a year now. My USC boyfriend and I wish to get married soon, and once we get our marriage certificate, I plan to file for the waiver of the 2yr HRR (which I believe my country will issue a NO Objection Statement for, based on their policies)

My question is this: Will it be alright to apply for a change of status right after we get married (with the waiver pending), or is it wiser to wait for the waiver before we file?

From my observation, it will probably take about 1.5 to 2 yrs for my country, the US State Dept, and the INS altogether to respond and issue the waiver, and I am concerned of what can happen to me during the wait, considering that my status is in limbo.

Thanks for reading. Simon and all other sensible posters, 'would highly appreciate your opinion on this. Those who have a similar situation, feel free to comment too.

Hello, everyone.

I have been overstaying my J1 visa with 2 yr HRR for almost a year now. My USC boyfriend and I wish to get married soon, and once we get our marriage certificate, I plan to file for the waiver of the 2yr HRR (which I believe my country will issue a NO Objection Statement for, based on their policies)

My question is this: Will it be alright to apply for a change of status right after we get married (with the waiver pending), or is it wiser to wait for the waiver before we file?

From my observation, it will probably take about 1.5 to 2 yrs for my country, the US State Dept, and the INS altogether to respond and issue the waiver, and I am concerned of what can happen to me during the wait, considering that my status is in limbo.

Thanks for reading. Simon and all other sensible posters, 'would highly appreciate your opinion on this. Those who have a similar situation, feel free to comment too.

I am not sure about this, but from what I've read before, your AOS application will be denied if you haven't got the waiver, which means that you'll possibly be deported. So maybe it's better for you to file the waiver first, then apply for AOS.

Thanks for pointing it out, J1. I do remember reading a clause to that effect in the application form for change of status. Is this what you are referring to? If it is, it sure is worth looking into again.

Hi,
I did a little research, and this is what I found. Looks like you're not eligible for adjustment of status before you fulfill the requirement or obtain a waiver.

http://www.murthy.com/arc_uds/UDj1j2.html

I've consulted a lawyer about filing the AOS pending the waiver, and he said that he has known cases where the INS allowed it. However, I still think it's wiser to wait.

What I'm wondering about now is - if I would be allowed to file for a work permit or Employment Authorization while waiting for the waiver, considering that it might be a long wait for the waiver to get approved (about 1 to 2 yrs).

Another "refreshing" post from someone who was given a privilege (the J1 visa and its benefits), told about the 2 year rule, implicitly agreed to the terms of this privilege, violated the terms of that privilege, violated the terms of the visa, has probably been working illegally and now wants help or assistance or some other "deserved" benefit. Bullshit.
Why do you deserve anything but a plane ticket back to wherever you came from?
Please, tell this site that some "other person" made you overstay or the "devil made you do it" or some immigration attorney said it was "ok" or what other phoney excuse do you have?
Why did you not live up to the agreement you made when you were given the J1 visa?
Why did you not return to whatever country you came from? (please do not try and bullshit this readership by telling us there were no flights for the last year or so)
Why should anyone care if you get this waiver?
Why should liars and promise breakers get a benefit from the US?
This is exactly the kind of crap that we, the American citizens, are sick and tired of. People who have received a privilege and then have abused it and then want everyone to stop what they are doing and give them even more benefits. How about we all chip in a few bucks and buy a one way ticket back to ????? for you? OK?