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expired J1 visa, but not subject to sect 212e

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Filed: AOS (pnd) Country: Jamaica

My fiance came to the US on a 3-year J1 visa in 2007. It was noted in his visa that he is not subject to section 212e (the two year home-residency rule). When his visa was nearing expiration, he applied for a waiver. The USCIS website indicates that his case is "pending." He then sought legal advice, and was informed that he did not need to apply for a waiver since he is not subject to section 212e. His visa has now been expired for a few months, and we would like to marry and file AOS.

Will we be able to pursue the AOS without any complications since he is not required to go back to his home country?

Oct. 2005- introduced by a mutual friend, hubby was living in Jamaica at the time, we become friends

Aug. 2007- hubby arrives to US on a J1 visa

May 2010- reconnected after losing touch for a few years, our relationship blossoms

Nov. 2010- hubby relocated to the Midwest so we can live together

Jan. 2011- I'm pregnant!

Feb. 2011- married on Valentine's Day!


3/14/11 Sent off I-485/I-130/I-765 to Chicago Lockbox

3/16/11 AOS package received

3/18/11 Text message notification that our package was received and I797 is coming in mail.

3/22/11 checks cashed

3/26/11 NOA1 hardcopy arrive for 1-485, I-130, I-765

3/31/11 biometrics letter arrives; appointment set for 4/25

4/7/11 biometrics walk-in; Indianapolis Field Office

5/12/11 EAD card arrived

6/3/11 Interview APPROVED!!!

6/16/11 Greencard arrived

Sep. 2011- expecting a baby boy!

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You should be able to. I would show proof in your initial submission that you are not subject to the 2-year HRR, just in case having a case pending, even though you are not subject to it, would complicate matters.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

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