Q: I filed an extension for my J1 visa but I got denied. Will it affect my application for AOS and petition in the future?
I'm in J1 visa and I applied for an extension yet I got denied. My visa expired already when they sent me the response. I still haven't got married to my boyfriend. If he will petition me in the future and I will file my AOS, will this be a problem because I already overstayed?
I hope someone can answer me. Thank you
A: Sine you are out of status now, the best option for you is to marry your boyfriend ( I assume he is a US citizen?).
After the marriage he can file marriage based petition for you along with the AOS application from you.
Having pending I-130/I-485 would allow you to remain legally in the U.S. even if you status has expired. Good luck!
A: The denial of your J1 visa will not affect your future adjustment of status. Even if you overstay your time in the U.S. that will not affect your adjustment of status in the future when you get married to your boyfriend.
Bear in mind that until you adjust your status you will be considered an illegal person in the U.S. for immigration purposes.
As Svetlana pointed out, once you have a pending petition with USCIS, you will be allowed to remain legally in the U.S.
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