Expired J-1 Options

[FLRussianHubby]

What is the name of your state? Florida
Her citizenship: Russia

I have a close friend who has a J-1 visa that expired about 6 months ago. (she entered the country legally). Due to the increased immigration concerns, she wants to know what her possible options are. From what I understand, there is no way for her to extend her J-1 because it is already expired.

A few ideas I have:

1) I am a small business owner. I have been told by other business owners with whom I associate that it is possible to sponsor her. I actually do have a current need in my business for some of her skills, although she is not college-educated. What kind of options do I have with this, if any?

2) Her dream is to open up a specific (and very realistic) business in the US. If she were to open a US Corporation to facilitate her dream, does this give her any possible advantage in either clearing up her Visa situation or possibly even applying for a green card?

3) We all know about the marriage solution, but neither one of us are really keen on doing that at this time. Maybe in the future, but not for a few years. But, if all else fails, are there any gotcha's involved being she is here on an expired visa?

 

[FLMommy]

What is the name of your state? Florida
Her citizenship: Russia

I have a close friend who has a J-1 visa that expired about 6 months ago. (she entered the country legally). Due to the increased immigration concerns, she wants to know what her possible options are. From what I understand, there is no way for her to extend her J-1 because it is already expired.

A few ideas I have:

1) I am a small business owner. I have been told by other business owners with whom I associate that it is possible to sponsor her. I actually do have a current need in my business for some of her skills, although she is not college-educated. What kind of options do I have with this, if any?

2) Her dream is to open up a specific (and very realistic) business in the US. If she were to open a US Corporation to facilitate her dream, does this give her any possible advantage in either clearing up her Visa situation or possibly even applying for a green card?

3) We all know about the marriage solution, but neither one of us are really keen on doing that at this time. Maybe in the future, but not for a few years. But, if all else fails, are there any gotcha's involved being she is here on an expired visa?

She let her Visa expire, which means she is here illegally...

1. I believe she needs a degree for you to hire her as a foreign citizen.

2. She is here ILLEGALLY, she cannot and should not start a business. In fact, she cannot even make money legally, (if she has a social security no, it's tied to her visa, which is expired, - she cannot use her social).

3. Are you in love or would it simply be marriage so she can stay in the US?

Really you don't have much options here as fas as I know, except for her to return to her home country asap, and go from there. She can apply for all sorts of things once over there, but given her illegal status now, it seems like it's going to be very hard for her to come back into the US.

 

[FLRussianHubby]

3. Are you in love or would it simply be marriage so she can stay in the US?

Really you don't have much options here as fas as I know, except for her to return to her home country asap, and go from there. She can apply for all sorts of things once over there, but given her illegal status now, it seems like it's going to be very hard for her to come back into the US.

Thanks--we are well-aware that if she leaves the US it will be damn-near impossible for her to return, even if we tried to get a K visa, due to the 10-year exclusion rule.

Yes, I am in love with her. But, we have only been together for a few months, so we both were hoping to do this in such a way that does not rush things. (I'm one who believes in dating for at least 1-2 years before marriage). But, given her status, it seems like we have no choice. Otherwise, she has to live in constant fear of deportation, and that fear is having a terrible effect on her life (she's almost always depressed and afraid now--due to all of the rumors going on currently--it's very hard for her to even get out of bed some days). I hate seeing her that way!

So, if we go with the marriage route (which her and I are currently discussing), are there any gotcha's that we need to be concerned with? For instance, due to the seasonality of my business [aviation software] (and the extremely poor ecomony--many of my clients are not sure how they will survive the summer this year ), money is a bit tight right now. I currently rent a room from my parents and my location (South Florida--land of the $1500/mo studio apartments) limits my ability for us to get a place of our own for a few months. (she currently lives with a roommate sharing a bedroom). How soon/what kind of checking do they do on things like the living arrangements?

Also, I've heard many horror stories about the interviews and how simple honest mistakes in the answers can cause a lot of problems. What kinds of questions do they ask? For instance, we are concerned about intimacy questions, as we both believe in taking that very slowly (honestly, it took a year for me and my last girlfriend to become intimate). Also, I am 35 and she is 23--does the age difference raise any red flags that may make their questioning more vigorous?

I want to stress that this would not be a fraudulant marriage--we want to spend the rest of our lives together--but we are being rushed much quicker than we'd normally like to be.

IMHO, funny how our government wants to promote "family values" and then it's laws force some relationships such as ours too quickly to be stable. And, because of rushing the situation, it puts a huge strain on us, both from the standpoint of there always being an element of doubt as to why she wants to get married (green card or love?) and also it puts her under stress to force things to work even if I were to treat her as a slave (I NEVER would) just to avoid deportation. Not the best situation for a relationship....

I find it especially funny about the K visas, and having to get married 90 days after entry. Most engagements of my friends lasted 1+ years before marriage!!! (oh, and the stipulation that you have met at least ONCE is absolutely laughable).

Our government needs to make a better way of dealing with these situations when they are for the right reasons!

 

[yandresyuk]

well, the age difference would not matter at all... from your post I am not entirely sure that you will be able to meet the requirement for the affidavit of support, look into that and you might need to have someone else to co-sponsor your (future)wife with you. Are you planning on living together once you guys get married?

 

[FLRussianHubby]

well, the age difference would not matter at all... from your post I am not entirely sure that you will be able to meet the requirement for the affidavit of support, look into that and you might need to have someone else to co-sponsor your (future)wife with you. Are you planning on living together once you guys get married?

One way or another, I will be able to meet the requirements of the affidavit. I'm being forced to make some very tough decisions right now, including the possibility of going back to work for a company rather than being self-employed. (my previous job paid around $70k/yr, so I don't think I'd have any problems meeting the requirements if I found a similar paying job). I was making much more than that being self-employed, but that was until the industry fell apart.

And, yes, we do plan on living together--just, not quite right away (in a few months).

 

[FLRussianHubby]

I just looked up the affidavit of support rules and currently, they require my income to be at least 125% of the federal poverty level. The federal poverty level for a 2-person family with no children and under 65 is $13,078. (funny considering one cannot even find a small cardboard box to live in down here with that kind of money! The average apartment is $1500 a month and the CHEAPEST shack houses [in a very bad drug area] for sale down here are currently at about $350,000--up from about $70,000 just a couple of years ago) My gross income for this year is already over that amount, and has not been under that amount for about 15 years, so I don't think it will be an issue.

FYI--they look at the last 3 years' of tax returns, plus proof of employment (I own a corporation and am on the payroll, pay taxes, etc), to determine if you meet the requirement.

 

[yandresyuk]

Actually you only need to submit the last year worth of tax returns (rules have changed). Well, what questions they ask you at the interview vary... it can be anything from a simple how did you meet... to questions about your house/home, your sex life. Unfortunately no one will be able to say what questions you will be asked

 

[FLRussianHubby]

Actually you only need to submit the last year worth of tax returns (rules have changed). Well, what questions they ask you at the interview vary... it can be anything from a simple how did you meet... to questions about your house/home, your sex life. Unfortunately no one will be able to say what questions you will be asked

How soon does the interview usually happen? Like I said, we won't be living together for a little while, yet. But, due to the current immigration mess and all of the extra enforcement going on down here right now (both real and perceived), we really don't want to wait too long before we marry. <<<--yep, that's pretty much what I looked like when her and I had the conversation!

 

[yandresyuk]

I do not want to go wrong with giving you the timeline, realistic expectation is that you will get an interview in about 1 year, there are times when it does happen faster (3-4 months)

 

[FLRussianHubby]

I do not want to go wrong with giving you the timeline, realistic expectation is that you will get an interview in about 1 year, there are times when it does happen faster (3-4 months)

Understood--that is kind of what she heard, as well. Thanks for all of your assistance. One last question: am I correct in assuming that once we are officially married, she is no-longer deportable. Or does she become not deportable once we file the application to adjust status. (I believe the I-485?) When I say "not deportable" I mean that if they catch her, she will not be subject to deportation proceedings (at least once they verify her marriage status). She has nothing else going against her except for the expired visa (ie, she is not a felon), but she is currently working (and paying taxes).

 

[FLMommy]

Just file her stuff asap once you're married, then there shouldn't be a problem.

As far as questions about intimacy goes, gosh I have NEVER heard of them asking that... my husband and I never got asked any of such questions. They do ask you to bring wedding pics, pics of other times of you and her together, proof of marriage - say utility bills in both names, her on your health insurance, etc.

Hate for you that you have to rush, and it shouldn't be.

 

[FLMommy]

Since you're in S. FL I would expect the date of your interview to be later than a yr after filing. FL is a huge immigration state. I'm in FL as well... took 19 months for us to get our first and final interview.

 

[yandresyuk]

I actually have 2 friends that were both asked weird questions... it was very strange... I mean my interview they barely asked anything, but as I always say - it is better to be prepared for the worst. She becomes non-deportable once you file everything

 

[FLRussianHubby]

Just file her stuff asap once you're married, then there shouldn't be a problem.

As far as questions about intimacy goes, gosh I have NEVER heard of them asking that... my husband and I never got asked any of such questions. They do ask you to bring wedding pics, pics of other times of you and her together, proof of marriage - say utility bills in both names, her on your health insurance, etc.

Hate for you that you have to rush, and it shouldn't be.

Thanks for the info. I've heard many different things from different people on the interview questions--I guess it depends on the interviewer and how much they feel it is their personal duty to keep out all of those "terrible illegal immigrants." I even read a message on here where the legitimate immigrant wife made an honest mistake when asked her address (they had just moved a few weeks before) and they were threatening with declaring it a fraudulant marriage, and deporting her, as a result!!!

I never thought of the pictures thing.... Luckily, my family is "picture-happy" so pictures ALREADY are not a problem. As for wedding pictures, we won't have much there because we will be doing a "court house wedding" again, due to rushing into things. (we are keeping the situation a secret from my family for now, as they are a little bit anti-immigrant and they think she's legal--it could cause some "problems" if they knew she overstayed her visa--problems that honestly should not matter because they really like her as a person). We will definitely be having a "real" wedding sometime a year or two in the future--my mother would not have it any other way!

 

[FLRussianHubby]

I actually have 2 friends that were both asked weird questions... it was very strange... I mean my interview they barely asked anything, but as I always say - it is better to be prepared for the worst. She becomes non-deportable once you file everything

Yeah, those "strange" questions are the ones that scare me. Especially, considering she is a very quiet and shy girl and does not talk about feelings very well to strangers.

Thanx for all of your help! Wish us luck!