- I was on J - 1 but not exposed to any 2 years barter until September 2012 , I worked 1 year - I date my girlfriend since 6 months - I left USA in September 2012 and decide to apply for 1 VISA study English - In October 2012 I came back in USA F - 1 visa and live with my girlfriend - My D / S expired in February 2012 and May 2012 with Grace Period and my student visa in passport is valid until 2016 - Until now I live with my girlfriend - My passport is valid until 2020 - Since my end of D / S in May 2012 I am in the USA . - We plan to marry next week and go to do the AOS
Yes - SHE is US Citizen
Generally, "overstay" refers to exceeding the time permitted on a visa; "out of status" means not in compliance with a visa and may include violating its terms or overstaying its duration; and "unlawful presence" refers to being present in the U.S. without being in compliance with a valid visa.
Generally, someone who entered the U.S. lawfully and with inspection, who then becomes married to a U.S. citizen, may apply to adjust status notwithstanding that he/she has overstayed a visa or otherwise become unlawfully present. It is critically important, however, to address any home residency requirement that might apply to a J-1 visa. There is no substitute for engaging an immigration attorney to learn all of the relevant circumstances and facts in order to advise about eligibilities, options and strategies.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * firstname.lastname@example.org
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * email@example.com
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For your purposes it makes little difference and you should be fine, provided she is a USC, a fact you neglected to include in your fact description.
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