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Should I wait until J1 2-year-foreign-residence waiver to be granted to file I485?

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  • Should I wait until J1 2-year-foreign-residence waiver to be granted to file I485?

    I filed I130 and approved Feb 2018.
    I haven't filed I485 yet.

    I need advice please. Thank you very much.

  • #2
    If your waiver is denied after you file your AOS. You AOS will be denied too and you will lose the AOS fees paid. If you can wait for your waiver to be approved and remain in status at the same time then you should wait. On the other hand , if you got out of status then will start to accumulate unlawful presence either now or in august depending on your i-94.

    Basically it is hard to advise you based on they little information available.

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    • #3
      Originally posted by azblk View Post
      If your waiver is denied after you file your AOS. You AOS will be denied too and you will lose the AOS fees paid. If you can wait for your waiver to be approved and remain in status at the same time then you should wait. On the other hand , if you got out of status then will start to accumulate unlawful presence either now or in august depending on your i-94.

      Basically it is hard to advise you based on they little information available.
      Thank you so much for your advise. I think I will wait for the waiver. I filed the waiver July 2017, so I hope the result should be in soon since the Case Inquiry Date is in July, too. My current J status is valid until July 30, 2018. Finger-crossed.
      I hope my waiver gets approved so I would be able to file I485 before July 30, 2018. (I'm married to USC. I filed waiver through Extreme Hardship to USC.)

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