Michigan  |  Immigration Law

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1/31/12, 8:41 pm

Legal Question


Hello My Dears Lawyers: As i asked before, i am an exchange student program sponsored by the U.S government. I signed on the contracts prior to coming to U.S. the contracts say literally (( Participants, under the Terms and Conditions of the Program as well as J visa requirements, MUST return to their home country for TWO YEARS immediately upon completion of the academic program before they are eligible to apply for an H visa, and L visa, or a green card. Marriage to a U.S. citizen or birth of a child in the United States does not exempt participants of the two-year home country physical presence residence requirement. NO visa extensions or transfers, whether for U.S. undergraduate or master’s programs, other academic study, employment, practical training in the United States, or any other activity, will be granted by American Councils or ECA. NO exceptions will be made.

So, i was supposed to have a J1 visa, but by mistake the U.S embassy gave to me a visa F1 by mistake, i didn't notice that till after getting to the U.S, the officer in the port gave to me I-94 in a F1 status. so my actual visa and I-94 are both F1. i intend to get married to my girl friend as well as to get through the Green Card process. i have been treated as if i am J1, while the fact i am not. but i admit that i got legally here and my all documents are legal. in the application i should submit to the USCIS for the green card, there is these questions (( In what status your spouse enter the United States?))and ((Have you EVER been a J nonimmigrant exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?)) the answers should be yes or no.. so in my case , what would be my legal answer? because i don't want sound like a fraud eventually or even endanger my future in the U.S. To know, i am getting married soon. Need an Answer please


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