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madiia

still waiting for j1 waiver-should i apply for a green card?

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Filed: Other Timeline

Hello All.

I filed the paperwork for J1 Waiver a month ago. They received all my documents and the no objection letter from my embassy. I can be here legally for the next 3 weeks. I am already married to a US citizen and want to file the green card documents.

Should I wait for the waiver even if that means I will be here illegally or should I apply for the green card and then attach the waiver to the green card files? Also if I wait for the waiver, can it possibly influence the green card decision?

I got so many questions...

In my passport there still is my maiden name..Do I apply for the green card with the married name or my maiden name and then adjust the name on the GC? I wont have time to change my passport now.

I will return to my home country if I must, my husband is willing to go with me but it will just complicate everything.

Thank you in advance for your help.

Magdalena

Edited by madiia
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Was the waiver for the 2 year requirement? (if applicable)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I would go ahead and apply (after consulting an attorney to make sure) and give them the approval at the interview or when they request it. This is a risk if your waiver doesn't get approved. . .of the hefty AOS fee.

As for the passport and name change stuff. . .do the name change before applying because it is easy and fast and if you wait getting it changed with USCIS will be neither easy nor fast.

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