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March 2019 Filer Experience with J-1 Visa

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  • March 2019 Filer Experience with J-1 Visa

    Hello all,

    My husband came on a J-1 visa and we have filed our I-485 in March. We were actually hoping for our interview to come later, but it came so fast.

    We are currently in the process of filing our waiver. We filed TWO. One was for exceptional hardship because our immigration lawyer said that was the only way to obtain our waiver. She never mentioned the no objection statement because "my husband got funding from the korean government so the embassy was not going to issue the statement". (this is false, as long as my husband can obtain a signature from his sponsor in korea that he does not need to come back to korea to fulfill the 2 year requirement a NOS is possible) She stated our waiver was sent to California and our waiver can take up to a year or two to get processed. After spending over $3000 on lawyer and USCIS fees I started to research and found out about the no objection statement waiver.

    After talking to the previous immigration lawyer, she seemed to not be knowledgeable on current ways to process the J-1 waiver so I decided to reach out to another immigration lawyer who had success stories with the NOS waiver. Now spending another $2000. We are now currently in the works to get this waiver done since it can take 3-6 months to get in our hands instead of 1-2years.

    Please don't always trust your immigration lawyers with everything. They can be wrong as well so always do your research and question them about other ways to go about things.

    Has anyone had j-1 waiver success stories? How long did it take you? Anybody go to the interview without a waiver? Did they give you an extension of 87 days? Did anyone get a GC without a waiver?

    Literally I was hoping our interview date would take longer to be scheduled because we do not want to get denied and file all over again. I've been reading posts and people have been waiting months even after it stated "case is ready to be scheduled for an interview". My status changed in three days to "interview has been scheduled".

    My immigration lawyer stated we should reschedule the interview once we get a date in the mail. But I've read posts where 99% of the time people did not recommend rescheduling. I would not even know a reason to put for rescheduling because my lawyer said if we write we are waiting for the J-1 waiver they will deny us right away. Any advice?
    Chicago Filer
    USC Marriage based
    3/4/19: NOA for I-485, I-130, I765
    3/7/19 biometrics completed and received
    4/14/19: fingerprint review completed
    5/31/19 Submitted J-1 Waiver for exceptional hardship
    7/31/19: RFE submitted and received
    8/6/19: We are ready to Schedule your Interview
    8/9/19: Interview was scheduled
    8/16/19: Submitted J-1 Waiver for NOS
    9/16/19: Interview scheduled

  • #2
    Congratulations! I entered the country through a J1 as well and filed for everything in April. Did my biometrics last May 25, and still no updates after that.

    I tried talking to my lawyer about expediting my EAD since its been months and Im getting very frustrated, but she says that we did expedite my papers but I don't believe it. I researched about expediting EADs and I really don't think my lawyer was right. I hope I get mine this month or very soon tho.

    Comment


    • #3
      Don't go to the interview without the J1 waiver. You can reschedule the interview as an alternative and hope that the waiver comes in time.
      2018 Marriage-based AOS (I-130, I-485, I-765)
      07-09: Package Delivered to USCIS Chicago Lockbox
      07-17: NOA texts & emails (~10:30 pm)
      07-17: Checks cashed
      07-20: 3 NOAs received in the mail
      07-27: Biometrics letter in mail; scheduled for 08-08
      07-30: Biometrics done; USCIS received on 07-31
      08-02: RFIE for proof of legal employment; replied 08-04
      08-08: USCIS received RFIE, case no longer on hold
      10-04: AP approved
      11-28: Case Ready to Be Scheduled for Interview
      11-29: EAD approved

      Comment


      • #4
        Originally posted by juless View Post
        Congratulations! I entered the country through a J1 as well and filed for everything in April. Did my biometrics last May 25, and still no updates after that.

        I tried talking to my lawyer about expediting my EAD since its been months and Im getting very frustrated, but she says that we did expedite my papers but I don't believe it. I researched about expediting EADs and I really don't think my lawyer was right. I hope I get mine this month or very soon tho.
        Did you get your waiver as well? Did you get your NOS? How long did it take you to get it?
        Chicago Filer
        USC Marriage based
        3/4/19: NOA for I-485, I-130, I765
        3/7/19 biometrics completed and received
        4/14/19: fingerprint review completed
        5/31/19 Submitted J-1 Waiver for exceptional hardship
        7/31/19: RFE submitted and received
        8/6/19: We are ready to Schedule your Interview
        8/9/19: Interview was scheduled
        8/16/19: Submitted J-1 Waiver for NOS
        9/16/19: Interview scheduled

        Comment


        • #5
          Originally posted by hpx3000 View Post
          Don't go to the interview without the J1 waiver. You can reschedule the interview as an alternative and hope that the waiver comes in time.
          What would be a good reason to reschedule? I heard now you can just call a number and reschedule?
          Chicago Filer
          USC Marriage based
          3/4/19: NOA for I-485, I-130, I765
          3/7/19 biometrics completed and received
          4/14/19: fingerprint review completed
          5/31/19 Submitted J-1 Waiver for exceptional hardship
          7/31/19: RFE submitted and received
          8/6/19: We are ready to Schedule your Interview
          8/9/19: Interview was scheduled
          8/16/19: Submitted J-1 Waiver for NOS
          9/16/19: Interview scheduled

          Comment


          • #6
            Originally posted by rlagkssk830 View Post

            What would be a good reason to reschedule? I heard now you can just call a number and reschedule?
            Because you don't have a waiver in hand. You could go to your interview and hope that the IO does not care about the waiver (extremely unlikely). Or, you could go to the interview and they will likely issue you RFE for waiver. You will NOT get a greencard if you are not waived the 2 year requirement. It sucks that your lawyer was incompetent but unfortunately there is no way around it until you have a waiver with you.
            2018 Marriage-based AOS (I-130, I-485, I-765)
            07-09: Package Delivered to USCIS Chicago Lockbox
            07-17: NOA texts & emails (~10:30 pm)
            07-17: Checks cashed
            07-20: 3 NOAs received in the mail
            07-27: Biometrics letter in mail; scheduled for 08-08
            07-30: Biometrics done; USCIS received on 07-31
            08-02: RFIE for proof of legal employment; replied 08-04
            08-08: USCIS received RFIE, case no longer on hold
            10-04: AP approved
            11-28: Case Ready to Be Scheduled for Interview
            11-29: EAD approved

            Comment


            • #7
              Originally posted by hpx3000 View Post

              Because you don't have a waiver in hand. You could go to your interview and hope that the IO does not care about the waiver (extremely unlikely). Or, you could go to the interview and they will likely issue you RFE for waiver. You will NOT get a greencard if you are not waived the 2 year requirement. It sucks that your lawyer was incompetent but unfortunately there is no way around it until you have a waiver with you.
              Yes, the first lawyer stated there might be a chance the IO doesn't see or mention the j-1 waiver and we can pass, but i bet that's like .00001% chance. i'm hoping and praying we can get our interview rescheduled.
              Chicago Filer
              USC Marriage based
              3/4/19: NOA for I-485, I-130, I765
              3/7/19 biometrics completed and received
              4/14/19: fingerprint review completed
              5/31/19 Submitted J-1 Waiver for exceptional hardship
              7/31/19: RFE submitted and received
              8/6/19: We are ready to Schedule your Interview
              8/9/19: Interview was scheduled
              8/16/19: Submitted J-1 Waiver for NOS
              9/16/19: Interview scheduled

              Comment

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