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I am student from Egypt on J-1 visa, and got married an American girl, we are pregnant right now, can I stay with her?
Anonymous2 views4 answers
I am here student from Egypt on a J-1 Visa. And I got married and my wife is pregnant. I have not been approved for my waivers 1-612 and DS-3035 yet. I got a request for evidence and the status is pending. I am planning on filing I-130 and I-485. But my VISA expires on July 31st. What should I do? Should I stay with my pregnant wife to support her or go back for my 2 year home stay in Egypt? Please I need legal advice. Thank you so much.
You have a number of options, probably the best is the I130/I485. Please contact me for a free consultation and we can discuss filing them.
Regards,
Nick Misiti
Misiti Global, PLLC.
716 830 7960
[email protected]
You will not be able to adjust status unless you either fulfill the 2year residency requirement or receive a waiver or a no objection letter from your country.
You should contact an immigration lawyer for assistance.
You are welcome to use the link provided below for more information or contact.
Goodluck.
Marriage to a US citizen will do away with the unlawful presence. Therefore, in case you overstay, you should be still be able to adjust with the waiver. However, there is a risk involved. The risk is being picked up by ICE. Nonetheless with your wife's petition, you should be able to deal with the situation. Also I will pursue the waiver very aggressively. See if you can get a non- objection letter. In such cases, having a good lawyer is indispensable.
Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law & Debt Relief
Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
You do not state what your J-1 was for and what basis you are applying for a waiver of the two year requirement. This couples with the fact that you have received an RFE on your I-612 leads to the possibility that your case is not properly documented. I strongly suggest that youconsult with an immigration attorney who is familiar with J-1 waivers who can properly advise you.