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I-485 and pending waiver case

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Filed: Country: Poland
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Hi,

I am still on my J-1 visa (internship program) till december. I have the 2 year rule im my passport so I aplied for visa waiver few weeks ago.

I just got married with my lovely husband and we have a problem with paperwork. schould i fill out the I-485 form if my waiver case is still pending??? schould we fill out some ther form in this case??? please help!!! i dont know what to do... :crying:

thank you

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Filed: Timeline
Hi,

I am still on my J-1 visa (internship program) till december. I have the 2 year rule im my passport so I aplied for visa waiver few weeks ago.

I just got married with my lovely husband and we have a problem with paperwork. schould i fill out the I-485 form if my waiver case is still pending??? schould we fill out some ther form in this case??? please help!!! i dont know what to do... :crying:

thank you

I had the same problem with the waiver and I read a lot about the J1 waiver.From what I know you need to have an approved waiver at the time when you apply for the AOS.I know people who applied for AOS and didn't have their waiver, but got it by the time they had the interview but it was a few years back and considering that people from USCIS are really bored and looking for reason to deny cases I would wait until you get the waiver approved.Or if you really want to expedite your application send the papers now and include your waiver case number and whatever you submitted for the waiver.

This is from USCIS website Adjudicator's Field Manual:

"However, an application for adjustment of status may not be accepted along with a Form I-612 (application for a waiver of the 2-year foreign residence requirement contained in section 212(e) of the Act). Regardless of the strength of an alien's request to do otherwise, the adjustment application cannot be filed until after the waiver has been approved. Further, (as stated above) a foreign medical graduate who has received a waiver of section 212(e) of the Act based on section 214(l) of the Act must satisfy the terms and conditions of the waiver (i.e., his or her employment obligation) before applying for adjustment of status. "

http://www.uscis.gov/portal/site/uscis/men...RCRD&CH=afm

Good luck!

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Filed: Country: Poland
Timeline

Hi,

thank you for the info. my problem is that we planning the bic real wedding in Poland with big reception, church etc. the date is on JUNE 5 so im afraid taht i stuck with my paprework. i think i will try to send my documents anyway ASAP,

wish me luck...

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  • 1 year later...
Filed: AOS (apr) Country: Romania
Timeline

Hi,

thank you for the info. my problem is that we planning the bic real wedding in Poland with big reception, church etc. the date is on JUNE 5 so im afraid taht i stuck with my paprework. i think i will try to send my documents anyway ASAP,

wish me luck...

Hi! Did you eventually send the papers? How did that go? Please let me know since I am in the same situation. I am waiting for my waiver and I want to apply for AOS. Thanks!

2-7-11 - Day 0 -sent AOS package (concurrent filling)

2-11-11-Day 4 - received text message from USCIS with the receipt number

2-18-2011 - Day 11[/font]- received NOA 1 in mail for I-130, I-485, I-765, I-131

2-22-2011 -Day 15- received biometrics letter -appt March 14

3-10-2011- still cannot see case online although I called USCIS two days ago

3-14-2011- Day 35- Biometrics done on the appointment day

3-24-2011-Day 45-case showing up online!!!! USCIS mailed on 3-23 my interview appt letter- April 26 is the day!

3-26-2011-Day 48-Received interview appt letter

4-1-2011-Day 59- USCIS mailed I-131 approval and ordered production of my new card (I assume the combined EAD/AP)

4-11-2012-Day 69- received EAd&AP combo in mail! Bad picture!

4-26-2011-Day 84-APPROVED!!! Card production ordered!

4-30-2011-Day 88-Welcome to America letter received

5-4-2011-Day 92 - received green card in mail (8 days after the interview) - it is kinda green!!!!

as1cEY2003-0000MDA0NDZzfDAwMDYxOTN8V2UgaGF2ZSBiZWVuIG1hcnJpZWQgZm9y.gif

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