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J1 with DUI to AOS through marriage

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  • J1 with DUI to AOS through marriage

    Hello all,

    I wanted to post my experience as I recently received my greencard and I found that forums were really helpful. I thought maybe someone will benefit from my experience.
    I came to the US with a J1 visa. Two years ago I was convicted with a DUI for driving over the limit, which I thought would ruin my possibilities of getting a greencard. I was able to get my 2-year rule waiver and applied for green card right after that anyways.
    All I can say is that the DUI was not a problem at all for the process if you show you completed your sentence. The J1 waiver does take a long time so you need to get started with that asap and plan ahead. I did not use a lawyer but I did a lot of research on forums to try to get the correct answers and used AVVO. The waiver process took nearly 6 months and the AOS through marriage took a little less than 3 months.

    Here is my timeline from the moment I started the process for my waiver:

    09/04/2015 - Got Married

    10/21/2015 - No objection letter requested to consulate
    11/18/2015 - No objection letter sent from consulate in DC to DOS
    11/21/2015 - I sent J1 Waiver packet
    12/10/2015 - J1 Waiver packet received by DOS online status change
    01/04/2016 - Online status changed on DOS webpage that they received No Objection letter (had to be sent twice because it got lost- it took 47 days for DOS to get the No Objection letter)
    02/17/2016 - DOS Favorable recommendation online status change (44 days after the received No objection letter)
    02/22/2016 - DOS Hardcopy Favorable recommendation received in the mail

    Once I got the DOS Favorable recommendation I sent all my documents for the AOS through marriage (I still needed USCIS to grant the waiver, but you can do both processes at the same time if you are applying through marriage if DOS granted you the favorable recommendation)

    02/27/2016 - Sent Greencard application through USPS
    03/02/2016 - Tracking confirmation that packet was received in Chicago
    03/10/2016 - Received notice that USCIS got letter from DOS for favorable recommendation (Dated 03/07/2016)
    03/10/2016 - USCIS cashed checks for both I-485 and I -130
    03/18/2016 - Hard copy of I-797C received about reception of documents
    03/28/2016 - Notice of Biometrics Appointment received
    04/05/2016 - Biometric appointment completed
    04/08/2016 - USCIS Approved form I-612 for Waiver (online notice)
    04/14/2016 - Received hard copy of 2 year-waiver in the mail (took 176 days since the day I requested No Objection letter from my consulate)
    04/21/2016 - Notice of approval for I-765 and I -131 (EAD and AP)
    04/25/2016 - I-797 notice of approval of EAD and AP received in mail
    04/26/2016 - Online change status indicating EAD card was sent
    04/27/2016 - Received EAD card in the mail
    05/06/2016 - Received request to appear for interview on June 2nd, 2016
    06/02/2016 - Interview/AOS approved
    06/02/2016 - A few hours after interview I got a notice that my card was in process
    06/08/2016 - Notice that Greencard was mailed
    06/09/2016 - Received Greencard in the mail

    The interview was really easy. The officer asked about my DUI and what the sentence was. Then asked a few questions about me and my wife (Where you live, how long did you live there, places travelled together). We made an album with pictures showing us with our families and trips and I think that convinced him. I was showing more things to show bonafide of our marriage and he told me he didn't need anything else and that he believed us. He told me my card will arrive soon and that's it.
    One thing that did come up was the J1 waiver. I might have been lucky that they USCIS approved my waiver before my AOS interview because the officer was not aware that I had gotten the waiver until I showed him the hard copy of the waiver USCIS had sent me. If you plan ahead you won't run into problems.
    My main advice is that you do as much research as you can. Make a nice cover letter for your applications so you are aware of all the documents you are sending. I looked for other people's cover letters and built my own.

    Best of luck to everybody!

  • #2
    Amazing

    Hi
    How you got green card fastly.

    Comment


    • #3
      how to fill i485 regarding waiver

      Hi!

      QUOTE: ..."Once I got the DOS Favorable recommendation I sent all my documents for the AOS through marriage (I still needed USCIS to grant the waiver, but you can do both processes at the same time if you are applying through marriage if DOS granted you the favorable recommendation)"

      Since you didn't get the waiver before applying for the AOS, what did you respond to i485 part 3. 11 question, yes or no?

      Thanks,
      Margarita
      Last edited by Marguerite PK; 10-22-2016, 04:19 PM.

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