Got approved for I-130 but i am a j1 visa ? Help needed

[msmontader 10]

Hey guys . So i got approved for petition of spouse's I-130 . I came to the state by a j1 visa and i got married to a us citizen . Do i have to get this waiver thing or i can directly apply for the permanent residence

[lil2be 11]

How long ago your I-130 was approved? Did you get any additional info from USCIS regarding the case?

Edited July 8, 2014 by lil2be

[msmontader 10]

I got it today actually and they include in the form that i should contact Uscis to obtain the I-485

[lil2be 11]

I-130 has no expiration date. You can file I485 wheenever as long as your petitioner doesn't withdraw the petition. You will be fine.

[aaron2020 11,651]

Hi,

Does your J-1 have a 2 years home country residency requirement?

If no, then it's not an obstacle to adjust.

If yes, then your I-485 will be denied unless you have a waiver from your J-1 program sponsor for the 2 yrs HRR.

[msmontader 10]

Hi,

Does your J-1 have a 2 years home country residency requirement?

If no, then it's not an obstacle to adjust.

If yes, then your I-485 will be denied unless you have a waiver from your J-1 program sponsor for the 2 yrs HRR.

Yea i do have a 2 years home residency requirements but i dont have the waiver . Should i do the waiver my self or with an attorney ??

[Merrytooth 5,748]

In your previous thread http://www.visajourney.com/forums/topic/492570-help-needed-for-i-130/page-2#entry6961313

You stated you have failed asylum claim and in removal proceeding.

[msmontader 10]

In your previous thread http://www.visajourney.com/forums/topic/492570-help-needed-for-i-130/page-2#entry6961313

You stated you have failed asylum claim and in removal proceeding.

Yea! Thats is true . I hired a lawyer and he terminate the asylum case and then i applied for I-130 and they approved it . I'm just worried now about the waiver thing , like what if they deny it

[msmontader 10]

So my story is a little different from what i have seen in this site . I came to the US in 2011 as an exchange student ( j1 visa ) and the program was only 6 weeks. Before the time ends i left the program and applied for asylum because of the situation i had in my country ( iraq) that prevented me from going back . It passed 3 years and i was still pending. After that i got married to a US citizen in 2014 january and in march 2014 i got denied from the asylum office . So i went to court and the lawyer terminate the case because i applied for petition I-130 and the judge terminate my case and told me to continue the procedure through marriage. I got approved for the i-130 but now my issue is the waiver. The program is funded by US government so i dont know if " No Objection " will work. Also applying as " fear of persecuting " is still valid with all the bad things happening in iraq but its really hard and risky and if they deny my asylum then why not waiver ! . So what should i do ? I'm really lost .

[Boiler 43,701]

Discuss this with a competent immigration lawyer.