Legal Question in Immigration Law in Colorado

I had a J-1 visa with a two-year-home-stay requirement during the period of 2008 and 2009. I transferred to F-1 visa by the end of the exchange program. I graduated in May 2011 and got a job from a company that sponsers work visa. my company's attorney told me that I have to get the J-1 waiver before I can get the work visa. The attorney also suggests me being enrolled in some courses and get back in status.

the DSO of my school gave me a new I-20 form and told me to go out of the country and re-enter in order for me to get back in status. but i am concerned about the risk of not being allowed back into the U.S. due to the overstay.

My boyfriend (U.S.citizen)and I are planning to get married. I wonder if filing marriage would help me cover my overstay issue.

Also would my over-stay affect my application for the J-1 waiver?

Bottom line: should I go out of the country and re-enter? or would getting married to a U.S. citizen take care of my over-stay?

Thank you very much.


Asked on 9/03/11, 7:00 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

You will need the 212e waiver if you want to marry your USC boyfriend and apply for permanent residency. Your overstay will be forgiven if you get married and your USC husband files a visa petition for you. I suggest you retain an immigration attorney to help you apply for the 212e waiver now, even before you get married.

If you are out of status now because you overstayed your last visa, you cannot change to another non-immigrant status and leaving the US to apply overseas is a risk.

Eric Fisher

970-668-1949

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Answered on 9/06/11, 8:23 am


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