adisimo

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...

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!

www.dhs.gov/cisombudsman

Thank you so much for the info!!!

I would like to know the contact info for an Immigration Ombudsman in Philadelphia.

Do you have any idea how to get in touch with one?

Your are crazy, frustrated and full of BS!! First of all if you have a child together I would say that you are an unfit mother who doesn't look for the best interest of your child and second maybe he just left you and you can't accept it and are looking for revenge.

And making false accusations hopefully will make you face serious consequences one day .Overstaying a visa doesn't mean that you are a criminal,thief or a terrorist or whatever you are trying to suggest here.

I wish that someone will sue you someday for false accusations and since we are in United States everyone is innocent until proven to be guilty and you have no right to say that he is guilty of anything.

We had the interview were separated everything matched but the IO was really nasty even threatened my USC husband and gave him 2 options to drop the petition or he could be denaturalized.He told the IO that he is going to take the chances and we left with no answer. After about an hour I got a call on my cell from the IO asking to speak to my husband. IO told him that he was going to approve my case by I am missing a form from my previous visa(not the one I used to enter the US last time) because I had a J1 before with section 212 (e).We went back to the office and gave them whatever we could find but wasn't enough because it wasn't was he was looking for and advised us to talk to a lawyer and get the application for a waiver started.The next day we found the form that he was asking for and went back to him but he changed the story still wasn't enough and instead of giving us 90 with RFE which he said the previous day he mentioned something about 30 day and maybe denial because I shouldn't have been eligible because of 2 year home requirement which is BS since he previously mentioned my husband that is not so important (before he realized he has no reason to deny us).

Now we are really nervous because the IO gave us mixed signals he even mentioned that he might review and approve also about the denial and 30 days.

Did anyone experience something similar?

I would like to get some info about a the motion to reopen in case we get denied and also about what can be done to file a complaint against the IO.

Is it legal to threaten a United States Citizen and what is the best way to fight against this ?

Also the IO name is DE Moose from the Philadelphia office. Did anyone have a bad experience with him?