Filling for AOS while J-1 waiver is still pending.

[mnsen 0]

Hello,

My I-94 has recently expired, I also have a J-1 waiver pending (about 4 months) based on exceptional hardship for my U.S. citizen wife. USCIS requested that I go back to my home country and go through consular processing. Do you recommended leaving the U.S. and go through consular processing to get a visa stamp or stay in the U.S. and for AOS. Can I stay in the U.S. and file for AOS (knowing that my status expired and that J-1 waiver is still pending).

Thank you,

[Harpa Timsah 13,258]

If you file AOS before the waiver is approved and in your hand then you will be denied.

Who at USCIS suggested you do consular processing? USCIS is not meant to give immigration advice.

[mnsen 0]

Dear Harpa,

Thank you for your response. I have a visa petition that was approved but the USCIS issued (with the approval notice) that I need to go through U.S. embassy consular processing in my country.

[Merrytooth 5,748]

I think OP must have file I-130 form only (without I-485)

[Harpa Timsah 13,258]

Dear Harpa,

Thank you for your response. I have a visa petition that was approved but the USCIS issued (with the approval notice) that I need to go through U.S. embassy consular processing in my country.

Okay. That is not a recommendation for you. It is just a standard message for people that file I-130 by itself.

If you have plans to file I-485, then you can, but you will need to wait for your J-1 waiver first.