Visa Help for Fiance

[Waiting4USA]

4Now. He lives in Virginia I don't know where he filed. I believe he filed a few weeks after getting married. It has now been about 4 months since then.

[Pepper2004]

If your finace is here on a J-1 then do you know if he has the 2-year foreign residency requirement? If so he cannot adjust even if he marries you (a USC). You can file the I-130 and get your marriage esablished though.

At 14 if he entered the States to go to school most likely he would have been issued an F-1. Why don't you guys get his aunt and uncle on the phone and figure out his immigration status.

And, honey, are you SURE you want to marry this dude? If he is this nonchalant about something like his legal status in the States, don't be upset when you get married you find him careless and nonchalant about other things.

[Still Learning]

Hi 4now,
I see you've been busy. That's good to know about the travelling, not good news, but good to know.

[4now]

Hey Still Baby

How the h-e-c-k r ya

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.

[Still Learning]

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?

[lost in us]

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.

[Still Learning]

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?

[lost in us]

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.

[Waiting4USA]

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?

[DB]

Pepper2004,

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

[DB]

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.?

[Pepper2004]

DB,

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.

[4now]

no has nothing to do with his current status.

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.

[DB]

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.

[4now]

Hi DB

Yes, technically he can still work because he has in his possesion documents that qualify for the I-9 for employment.

Didnt realize that was u in the other thread. so ignore my discussion about the fiance visa.

One more thing... Make sure your fiance does not have J1 visa with 2 year foreign resident requirement.