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Immigration

Adjustment of Status - I-485

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AOS approved (Newark, NJ) from previous J1/current H1 and long distance marriage
This site has been really helpful to get a sense of when I am expecting to receive notice letters. I hope my experience is helpful to others in similar situation like me.

*Marriage based AOS with citizen husband

1. 7/10/15: PD (Newark field office in NJ)
2. 8/12/15: Scheduled for interview
3. 9/10/15: Approved for EAD/AP
4. 2/13/16: Interview scheduled for 3/24/16

It took a little bit more than 6 months before the interview. My husband and I had a job in different states (New York-Boston) therefore, we've never lived together. I've read a lot of postings saying that long distance marriage can be very challenging. so we’ve prepared a lot of documents (e.g., joint bank account, health insurance, life insurance beneficiary, car insurance, phone call history, emails, travel history such as bus, flight tickets, hotel bills, gift receipts, concert tickets, flower receipts, dinner reservations, wedding albums, and photos). Then I organized them nicely by category and made a folder.

On my interview date (3/24/16), we arrived 30 mins earlier. The interview did not last long, about 20-30 mins. The office was very impressed by what I’ve prepared for. Everything seemed find until she asked me whether I went back to my country for 2 years due to my previous J1 visa condition (2yr home residence). I said I waived it before I applied for H1. I told her that since I already have H1, this indicates that J1 2 yr home residence was waived. However, she said that is very essential and she has to see approval letter for the waiver. I was panicked because I was not sure whether I still have the approval letter or not. She asked me to bring the approval notice back within 3 hours otherwise she has to request RFE. Immediately I went back home and searched for old documents and found waiver recommendation letter, not approval notice, hoping that this was enough. After two hours later I brought it back to her but she said this is not it and she needs to do some research. I was hoping to get approved on the spot like some others but instead, she gave me 120 days notice letter.

Coming back home, I sat down and went through my all the files again and found the waiver approved notice in H-1 application folder. I felt so stupid because I brought this folder to her as well but she didn't even bother to look at it. Anyway, I decided to go back to the office next morning. When I showed the approval notice and she said "I was about to approve this case anyway". After I got her verbal approval, i-130 was approved on the same day but i-485 has no update on the system. After a week later, I-485 was also approved and I received my green card yesterday.

so my take home message is that

1) if you ever had J1 visa, bring the 2 year home residence waiver approval notice.
2) If you are in long-distance marriage, prepare a lot of evidence. If you are well prepared, you don’t have to worry about anything.

Good luck!
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