J1 Waiver and I485

[ellenw 0]

Good evening guys, I am new here. 

 

I came to the states via J1 Visa (2014) for an intern at a hotel and now I have a pending I485. Earlier today my husband and I had the green card interview. The officer told us that they will send us an RFE and we have to get the approved I612 in 87 days otherwise my I485 would be denied. 

 

My situation is on my Visa it says subject to 2-year rule but on my DS2019 says NOT subject to the rule. We went for an INFOPASS at local USCIS office long time ago and the officer said I did not have to file the waiver because what has been indicated on my DS2019. That's why I did not file for the waiver at the first place.

 

I am really worried now... any suggestions?

 

Please help!!!

 

 

[TNJ17 1,329]

You do have to file a waiver. A condition on the J visas is that you go back to your country and stay there for 2 years. Adjusting status from a J Visa requires a waiver. File the waiver and send them the paperwork within the time you were given. 

[Coco8 1,042]

You have to file a waiver. It will probably take more than 87 but if you get the AOS denied, you can just refile once you have the waiver. You should start with the waiver ASAP; I doubt you will have a problem getting it, but it depends on whether your embassy gives out no objection letters (most give them out).

[ellenw 0]

13 minutes ago, Coco8 said:

You have to file a waiver. It will probably take more than 87 but if you get the AOS denied, you can just refile once you have the waiver. You should start with the waiver ASAP; I doubt you will have a problem getting it, but it depends on whether your embassy gives out no objection letters (most give them out).

 

16 minutes ago, TNJ17 said:

You do have to file a waiver. A condition on the J visas is that you go back to your country and stay there for 2 years. Adjusting status from a J Visa requires a waiver. File the waiver and send them the paperwork within the time you were given. 

Thank you very much for the information.

 

Do you know if filing I612 directly to USCIS with exceptional hardship would be quicker to get or filing NOL would be quicker to get?

 

Refiling AOS would take same amount of time and money as the first the time we filed it and am I going to lose my EAD as well?

Edited July 20, 2018 by ellenw

[Coco8 1,042]

1 hour ago, ellenw said:

 

Thank you very much for the information.

 

Do you know if filing I612 directly to USCIS with exceptional hardship would be quicker to get or filing NOL would be quicker to get?

 

Refiling AOS would take same amount of time and money as the first the time we filed it and am I going to lose my EAD as well?

You won't get a hardship waiver. You really have to prove hardship and it is hard. Also, the hardship waiver takes like 5 times longer. 

 

Yes, you'd have to pay again. I don't know about EAD, I guess. 

 

You should start doing the waiver fast. Unfortunately, you should have realized earlier about the 2 year requirement.