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?

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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.

Attorney Answers

4
Nicklaus Misiti ·
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]
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Ekaette Eddings ·
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.
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Shah Peerally ·
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.
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Jeffrey Devore ·
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.
0 upvotes