J-1, stayed over D/S on DS-2019

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waitingForReply Newbie

waitingForReply

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Hello

3 years J-1 including extn. total 5 years completed on December 25, 2013 meanwhile in September 2013 I received NOC from India and approval notice from USCIS (DOS) I-797 form. I requested to school for change of status to F2, from myside i had provided everything and they never informed to fill I-593,. school asked me to submit necessary documents to issue new I-20 for F2 so we provided funding support as well. On Feb. 4, 2014 i received email my I-20 is ready for pickup and leave the country now !! becoz i am staying 5 days over grace period, same time i filled I-593 form and also planned to leave country, but my son 5 months old did not have passport nor indian VISA to travel so i applied or his US passport and it came in 2 days and tried to get his indian visa it is taking 4 to 6 weeks from Indian embassy NY to get VISA . Now i got VISA for emirates to travel and i can take my son with me. Now the question is F2 VISA interview in India,

1. what is the impact of over stay D/S on my interview?

2. Is J1 with wavier also applicable for 222(g)?

3. Do you think i will get F2 VISA?

4. Shall I withdraw I-593?

 

I had everything which was required and at the end i lost everything. Any advice. tomorrow morning i will be in emirates and in a month i want to appear for interview in India. 

 

Thanks for your patience.

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jairichi Advanced Member

jairichi

Posted
Posted

Hello

3 years J-1 including extn. total 5 years completed on December 25, 2013 meanwhile in September 2013 I received NOC from India and approval notice from USCIS (DOS) I-797 form. I requested to school for change of status to F2, from myside i had provided everything and they never informed to fill I-593,. school asked me to submit necessary documents to issue new I-20 for F2 so we provided funding support as well. On Feb. 4, 2014 i received email my I-20 is ready for pickup and leave the country now !! becoz i am staying 5 days over grace period, same time i filled I-593 form and also planned to leave country, but my son 5 months old did not have passport nor indian VISA to travel so i applied or his US passport and it came in 2 days and tried to get his indian visa it is taking 4 to 6 weeks from Indian embassy NY to get VISA . Now i got VISA for emirates to travel and i can take my son with me. Now the question is F2 VISA interview in India,

1. what is the impact of over stay D/S on my interview?

2. Is J1 with wavier also applicable for 222(g)?

3. Do you think i will get F2 VISA?

4. Shall I withdraw I-593?

 

I had everything which was required and at the end i lost everything. Any advice. tomorrow morning i will be in emirates and in a month i want to appear for interview in India. 

 

Thanks for your patience.

Actually you did not have everything that was required for a smooth travel as you did not have your baby's passport and visa to travel. That was poor planning.

 

You get a grace period of 1 month based on previous J1 status to leave country. From 25th January 2014 your stay in US is illegal. Once you leave US your COS application is considered abandoned. Getting a F2 visa is based on documentation and your spouse ability to support you and baby.

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pontevecchio Advanced Member

pontevecchio

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1. No impact in law. Presumably you can explain only if asked.

2. I have no idea what you are asking here. Presumably you will return with a F2 visa?

3. I do not know the statistics. I suspect most people attending regular Colleges get the visa.

4. That is irrelevant now.

 

 You choose to wait till the last minute instead of getting a Lawyer involved. You can still talk to the firm of Murthy.

 

I will assume that "at the end I lost everything" was lost in translation from Maybe Tamil?

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waitingForReply Newbie

waitingForReply

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@ Jairichi, and  pontevecchio thank you so much for your reply. I am at emirates and soon getting my son's VISA for travel to India. 

 

@ pontevecchio

 

1. No impact in law. Presumably you can explain only if asked.

2. I have no idea what you are asking here. Presumably you will return with a F2 visa?

3. I do not know the statistics. I suspect most people attending regular Colleges get the visa.

4. That is irrelevant now. 

 

 You choose to wait till the last minute instead of getting a Lawyer involved. You can still talk to the firm of Murthy.

 

I will assume that "at the end I lost everything" was lost in translation from Maybe Tamil?

For Q. 2, yes i will be returning on F-2, 

For Q. 4, I have already filed I-593 so why it is irrelevant? one lawyer i spoke on phone he suggested me that once i exit from country I should withdraw and explain reasons, I did so but status is still under review.

The reason I filled I-593 for change of status from J-1 to F2 within the country, and I was eligible for that only mistake was that I did not submit on time, If it was filled on time then it was legal to stay in country till decision from USCIS. So it was risky to stay until i hear decision. however again reason for filling even late was in case  for some reason i was not able to leave from the USA so at least i-593 was submitted (may be better than nothing ).

So I am not appearing in the interview till i get decision from USCIS for withdrawal of I593, Is this decision right or make any sense ???

I will be really thankful to your reply , I am not Tamil !!!!

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jairichi Advanced Member

jairichi

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Posted

@ Jairichi, and  pontevecchio thank you so much for your reply. I am at emirates and soon getting my son's VISA for travel to India. 

 

@ pontevecchio

 

For Q. 2, yes i will be returning on F-2, 

For Q. 4, I have already filed I-593 so why it is irrelevant? one lawyer i spoke on phone he suggested me that once i exit from country I should withdraw and explain reasons, I did so but status is still under review.

The reason I filled I-593 for change of status from J-1 to F2 within the country, and I was eligible for that only mistake was that I did not submit on time, If it was filled on time then it was legal to stay in country till decision from USCIS. So it was risky to stay until i hear decision. however again reason for filling even late was in case  for some reason i was not able to leave from the USA so at least i-593 was submitted (may be better than nothing ).

So I am not appearing in the interview till i get decision from USCIS for withdrawal of I593, Is this decision right or make any sense ???

I will be really thankful to your reply , I am not Tamil !!!!

Once you leave US your I539 automatically gets abandoned.

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