is it better to stay or go home?

I came here as a J1 student on May 2007. I extended my stay with B2 visa twice. I’m in pending status(applied on March 2008) right now(my 2 time). My boyfriend is applying for citizenship on March 2009. I would like to study here, because I believe this is only way to stay legal here but I don’t have bachelor’s degree, so I would like to apply to college here and then go back to my country and get bachelor’s degree(I need 1 year)if it’s possible. My questions are:

  1. Should I marry my boyfriend before or after he gets his citizenship(it’s not fictive marriage, we have been dating for more than 2 years)
  2. Would it make any difficulties for him to get citizenship if he marry me?
  3. Should I go home(Ukraine) or stay here while I don’t have documents?
  4. If I go home would it make any difficulties for me to come back here?
    Any suggestions about is it better to stay here or go home?If I go ome what kind of visa should be better for me to apply?
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I didn’t get it - where exactly you want to study?
If you have money for college here, you can try to change your status to F-1, but it’s not likely that it will be approved.

  1. Should I marry my boyfriend before or after he gets his citizenship(it’s not fictive marriage, we have been dating for more than 2 years)
    whenever you want to.
  1. Would it make any difficulties for him to get citizenship if he marry me?
    no. But if you are illegal at the time of his application, he’ll have to indicate your status and your residence. The USCIS can come and get you, if you are illegal.
  1. Should I go home(Ukraine) or stay here while I don’t have documents?
    it is entirely up to you
  1. If I go home would it make any difficulties for me to come back here?
    on an immigrant visa? no, if you don’t accumulate 180 days of unlawful presense.
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on an immigrant visa? no, if you don’t accumulate 180 days of unlawful presense.[/QUOTE]

1.Is a pending status considered unlawful staying?

2.Do You think it will be difficult for me to open J1 (Work and ravel) again on summer? I’ll be still a student on summer 2009? or it’s better B2 or something else?

  1. My marriage won’t be an obstacle for getting those kinds of visa?

  2. So as far as I understood I could be denied for student visa?

  3. What will be Your suggestions? I don’t really want to stay 6 years without him in Ukraine?

  4. Can he or my friends(they are americans) send me a n invitation if it’s easier?

Thank You a lot

while it’s pending, your stay is legal

2.Do You think i will be difficult for me to open J1 (Work and ravel) again on summer? I’ll be still a student on summer 2009? or it’s better B2 or something else?
yes. Consular officers don’t like it when people change status. Especially, if you do it and then try to extend status.

  1. My marriage won’t be an obstacle for getting those kinds of visa?
    of course, it will be. Being married to a USC is considered proof of your immigrant intent.
  1. So as far as I understood I could be denied for student visa?
    yes. If I were you, I’d get ready for a rejection notice for your B-1 extention. You’d be better off if you didn’t apply for it. If you let it expire, USCIS wouldn’t know where you are, but this way, if they reject your petition, they know where you reside and they can start your removal procedure.
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So, I’m desperate. What should I do?
Is it better to call/write USCIS to tell them I want to go home to get my I-94(is it possible hat I wouldn’t get it?) and fly to Ukraine? And what should I do then? what kind of visa I should open? How long it would take me to get here?So, maybe I didn’t get it right, but it’s better to marry him and wait because my chances to open nonimmigrant visa are too small? Thank You

the USCIS will not send you the original I-94.
If you decide to leave, keep your tickets and boarding passes, USCIS notices of action and stamps in your passport to show that you left on time.

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Thank You! But first time I’ ve got my extension they sent me I-94. Can I leave the Usa when I’m in pending status?If yes, would it still be considered tht I left legally and on time? I really appreciate Your advice

Can I leave the Usa when I’m in pending status?
yes, and your application will be forfeited

If yes, would it still be considered tht I left legally and on time?
yes

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maybe it’s better not to mary him and then just try to apply for J1 or B2? Is it possible?
or I should better stay in the USA?
Is it possible to do something thru Canada? what about work visa? H1or H2( I’m not sure which one is what)
I’m sorry for being so annoying and asking the same questions. I really need an advice. I called so many lawyers and everybody say different. I really appreciate Your time and answer. Thank You

You were saying that your marriage a real, and now you are asking totaly unknown person if you should marry your boyfriend or not? =0
If you will marry him you will get a green card in 1.5 years… so if you don’t want to have issues with [USCIS] – marriage is the best way.
It will be really hard for you to apply for J-1 – you have extended your status on the same type of visa already. Councils don’t like that.
Regarding B-2 – you do have a chance to get this type of visa, but nobody can guarantee that you will get it.

What exactly you want to do through Canada? Study there? Get a bachelor degree?

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she didn’t extend her J-1, she changed her status to B-1, and now is trying to extend it.

If you will marry him you will get a green card in 1.5 years…
that is not a guarantee. He may or may not get his citizenship next year - some people get stuck in an administrative check for years. Some cannot even apply because they get in trouble with the law… etc. Even if he does get his citizenship, she may or may not get a GC based on this marriage. It’s very difficult to predict this kind of things, so promising her that she would have a GC in 1.5 years is rather premature.

that is not a guarantee. He may or may not get his citizenship next year - some people get stuck in an administrative check for years.

  1. What is an administrative check?

Some cannot even apply because they get in trouble with the law… etc.

  1. He doesn’t have any troubles with law. No criminal record, no tax issues. What would be other reasons why he can be denied?What are his chances? does it depend what state you’re applying in( I mean the length of the process)?

Even if he does get his citizenship, she may or may not get a GC based on this marriage.

Why?(sorry, for being so naive but I’m very nervous about all this stuff)

FBI background check. Sometimes lasts a week, sometimes - years.

  1. He doesn’t have any troubles with law. No criminal record, no tax issues. What would be other reasons why he can be denied?What are his chances? does it depend what state you’re applying in( I mean the length of the process)?
    theoretically? lots of things could happen. He is driving a car, speeding, and runs into somebody. Goes to jail for vehicular manslaughter. Doesnt’ get his citizenship. You don’t get a GC.

Why?(sorry, for being so naive but I’m very nervous about all this stuff)
some marriages don’t make it. Some people get deported before they can apply for a GC. Some sponsors can no longer sponsor somebody for a GC (in cases such as death, for example) or don’t want to.
When you read a lot of information on immigration forums, you come across some really interesting cases. Stuff could happen to anyone.

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Ok. In ideal situation if I go to Ukraine(I will leave the USA legally) after we married here, he applies(march 2009) and gets citizenship on October 2009, so after that I can get a GC in 6 months?Did I get it right?What can make my staying in Ukraine longer( I mean immigration issues)?Thank You

ideally - yes. What vould make it longer - an extended security check for both you and your husband. Processing itself may go longer than expected. I’d aim for one year after he gets his citizenship.

You could marry now, and he could file I-130 for you now. After he gets his citizenship, he upgrades his petition, the National Visa center forwards it to the consulate, they invite you for an interview. All in all, about a year after he upgrades it. There have been cases which took less time, but there have been cases which took longer.

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what center he should send this form? The same that ho would apply for citizenship? Is i any difference in time to apply for instance in Chicago or here, in Virginia?Would it take longer here or the same?
Can he go to Ukraine after he applies, before interview?
Thank You

he needs to follow the instructions to form I-130

Is i any difference in time to apply for instance in Chicago or here, in Virginia?Would it take longer here or the same?
the same.

Can he go to Ukraine after he applies, before interview?
Thank You
since he is a legal resident of the US, he can go whereever he wants to…

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Do I have to write a letter to USCIS that I wanna leave and wait for response? or i can just leave?
2. would it be possible for me then to open visa for internship or H1B?Thanks

а зачем Вы пишете по-английски? Понты?

??? I can’t write in Russian grammatically correct( i don’t know written russian), so I don’t want to look stupid. Besides, I don’t have Ukrainian?russian keyboard. Is there any problem for You with my English writing?