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Filing AOS with pending J-1 Waiver (split thread)

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I am marrying US citizen in a week, we have been in a relationship for 4 years, my current status is B2 and duration of stay is expiring in 20 days. But I have 2 year home residency requirement, only 3 months left to serve. Technically it has been finished, in case of aggregate 2 year, my consecutive visits to USA totaled up like three months. I have no objection statement from my home country and applying for J1 waiver to DOS. After accepted DS3505, should I file I-612 again to USCIS? I am just calculating here, 120$ for DS3505 then 930$ , postal cost would be around 150$ for priority mails. is it really that all costs would be over 1000$ then waiting for months in stress of out of status, no privilege etc? I am just thinking that return flight to my country would be 1000$ and I have no problem to stay 3 months to fulfill my requirement. it is of course hard to be apart from my hubby. Please folks, tell me do I need to file i-612 after got favorable recommendation?


I am marrying US citizen in a week, we have been in a relationship for 4 years, my current status is B2 and duration of stay is expiring in 20 days. But I have 2 year home residency requirement, only 3 months left to serve. Technically it has been finished, in case of aggregate 2 year, my consecutive visits to USA totaled up like three months. I have no objection statement from my home country and applying for J1 waiver to DOS. After accepted DS3505, should I file I-612 again to USCIS? I am just calculating here, 120$ for DS3505 then 930$ , postal cost would be around 150$ for priority mails. is it really that all costs would be over 1000$ then waiting for months in stress of out of status, no privilege etc? I am just thinking that return flight to my country would be 1000$ and I have no problem to stay 3 months to fulfill my requirement. it is of course hard to be apart from my hubby. Please folks, tell me do I need to file i-612 after got favorable recommendation?

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But I have 2 year home residency requirement, only 3 months left to serve.

OK, so you have 3 months left. Reading on...

Technically it has been finished, in case of aggregate 2 year, my consecutive visits to USA totaled up like three months.

There is no "technically" - it is either finished or not. It doesn't have to be continuous 2 years, but should total 2 years IN the home country. Time you are outside (even in a different country) does not count towards that. So which is it?

I have no objection statement from my home country

You having it means nothing. Your home country embassy should submit it to DOS themselves, along with the additional page you got when you filed DS-3035, on embassy letterhead.

duration of stay is expiring in 20 days

Applying for the waiver does not grant you permission to stay, just an FYI. Waiver takes ~4 months to process, so might be worth just going back and "doing the time" if you have 3 months left.

On the basis of No-Objection, you should not file anything with USCIS, once and if DOS makes a favorable decision, they will file with USCIS themselves.

Edited by KurosawaSan

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