do i have to leave or not?

[dreadled]

Hi all,

i need help , my sister was married to a US citizen last May and they already file waiver to the immigration regarding her stutus ,btw she hold a j1 visa as a aupair and will expire this coming year (january),the problem is up to now she have not recieve the waiver,she was been waiting for 3months this coming November and she will run out of time.

may question is how long will it take to get her waiver?
does she needs to leave US before her visa expires?
what are the things that she needs to do so it will not affect his plan to petition our parents?

thanks in advance

[Marco 72]

Hi all,

i need help , my sister was married to a US citizen last May and they already file waiver to the immigration regarding her stutus ,btw she hold a j1 visa as a aupair and will expire this coming year (january),the problem is up to now she have not recieve the waiver,she was been waiting for 3months this coming November and she will run out of time.

may question is how long will it take to get her waiver?
does she needs to leave US before her visa expires?
what are the things that she needs to do so it will not affect his plan to petition our parents?

thanks in advance

By "waiver" I assume you mean Adjustment of Status (AOS)? If so, then she has to stay in the US either until her AOS is granted or until she obtains Advance Parole (AP, for which she needs to file form I-131). If she leaves without AP then her application for AOS will be automatically abandoned. It can take several months to obtain AOS.

By the way, your sister's husband can't petition for your parents. Only your sister can do so, once she becomes a US citizen.

[dreadled]

thank you so much marco 72 your such a big help. ill inform im sister regarding this and getback if i have more questions.thanks again

[dreadled]

hi marco,

the waiver that she saying is not Adjustment of status. She's not applying for that yet. when she came to US her visa is subject to 212(e) means she needs to go back to her country after she's done with her contract for 2 years to share what she learned in US. She is applying for No Objectin Statement( NOS) j1 waiver so that she can change her status since she is married now to an American Citizen

she's done with all the process so she's just waiting for the result of her waiver from US Immigration and USCIS. She doesn't know when the result will arrived and she already called the Immigration and they said it's still under process, her visa will be expired on january so she needs to know if the waiver don't arrived yet does she needs to go back home? and just come back to US when the waiver arrived if the result is approve or does she needs to apply for a certain paper for her to stay there while she's waiting for her waiver until it comes?

thanks for your time again.

[Marco 72]

hi marco,

the waiver that she saying is not Adjustment of status. She's not applying for that yet. when she came to US her visa is subject to 212(e) means she needs to go back to her country after she's done with her contract for 2 years to share what she learned in US. She is applying for No Objectin Statement( NOS) j1 waiver so that she can change her status since she is married now to an American Citizen

she's done with all the process so she's just waiting for the result of her waiver from US Immigration and USCIS. She doesn't know when the result will arrived and she already called the Immigration and they said it's still under process, her visa will be expired on january so she needs to know if the waiver don't arrived yet does she needs to go back home? and just come back to US when the waiver arrived if the result is approve or does she needs to apply for a certain paper for her to stay there while she's waiting for her waiver until it comes?

thanks for your time again.

That's very different from what I thought. I assume she is using a lawyer for the waiver? If so she'd better ask him/her. You can also post in the following forum, where a few immigration lawyers occasionally respond to queries:

http://britishexpats.com/forum/forumdisplay.php?f=34