Legal Question in Immigration Law in Florida

I came here on a J1 visa from France, where I am a permanent resident. My passport is Ghanaian. My passport says that I am subject to the two year rule but my DS 2019 says that I am not subject. In the time that I have been here, I married my girlfriend, a US Citizen, and she is now pregnant. I would like to stay in the US with my new family and work to support them.

Because of the discrepancy, we requested an advisory opinion in April. We have been mailed an " Incomplete Information Letter" from the Advisory board with a separate request for "Other." Unfortunately, we have yet to receive the letter, sent on June 11, and time is moving fast. My visa ends in September.

We do not know at the time what the advisory board requested but do not want to waste much time if we need to do the waiver (DS-3035), no objection letter (to France?), petition (i-130), and adjustment of status packet (i-485 and several forms).

My questions are:

-Would we be able to do all of these documents simultaneously?

-Should we wait for the advisory opinion letter before taking any other steps?

-Am I allowed to stay here after my visa expires, due to the marriage or any other reason?

-If we start the process (waiver, no letter, petition, aos), and my visa ends, will our money be wasted? ..and will we need to begin a new process?


Asked on 6/22/14, 9:01 am

1 Answer from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

This is a novel and complex question. Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

Read more
Answered on 6/22/14, 10:33 am


Related Questions & Answers

More Immigration Law questions and answers in Florida