j1 waiver/marriage

[basiek]

I have one question to you.

I applied for a waiver based on No objection letter and I received the Favorable recommendation from DoS. I am getting married soon to a citizen. Can I apply for a Green Card just with the copy of that recommendation or should I wait for the Final approval??

Can somebody help??

[mins]

How much time did it take for you to get the favourable recommendation from DOS after they received all the documents?

[celine]

I'm in the same boat as you are basiek. My lawyer said that the waiver is a required document for the GC application.

My waiver is still pending. Sighhhhhh......

[basiek]

Originally Posted by mins

How much time did it take for you to get the favourable recommendation from DOS after they received all the documents?

I received a copy of the recommendation about three weeks after the online status said: recommendation sent.
Now just need to wait for the final approval. I wonder how long will it take, it's been almost three weeks since i received the recommendation. Does somebody know how long may it take, should I be worried??

[basiek]

Originally Posted by celine

I'm in the same boat as you are basiek. My lawyer said that the waiver is a required document for the GC application.

My waiver is still pending. Sighhhhhh......

Hi celine, thanx for your reply

See, i was reading lately that with the copy of this recommendation i can apply for a GC, and when I finally get the final decision just send it to USCIS.
Now I don't know :/ I'm confused :|
I guess I need to spend "some" money for a lawyer.

[celine]

Yes you can start with your application and just send the hard copy of the waiver to the USCIS as soon as you get it.

It is also important that you go ahead and start with your GC application so you won't be out of status.

It takes a while for papers for the GC to be processed so you will have time to send in the rest of your paper work. Worst case scenario (actually, not) is you will just have to bring your waiver during your interview.

There's really no time frame for when you can get the waiver. It says 6-8 weeks on the waiver review division website. But that's not true in most cases as what we have experienced.

Everything will be ok.

[basiek]

Thank you so much celine

Uff, so now I can start my GC process, well, first I need to get marry but it's soon and after this the rest of paperwork. I have feeling it will never end

I might have problem with being legally here 'cause my visa epired already but hopefully it won't be that big deal.

So now just need to wait for the hard copy. But I'm a little worried because I've read that some people had to wait few months for the final decision I just hope it will come at the end of may.

Well thank you so much one more time and let me know if you got the waiver

[Concerned4us]

Expired visa is not a problem as long as I-94 is still valid. Remember - visa allows entry; I-94 allows stay.

[kitten3]

Congraturation basiek for acquiring "recommendation"! You said that your visa expired already. Do you mean that you do not have a valid DS-2019? If you have a valid DS-2019 even your visa on your passport looks expired, your stay is legal, I think.

[kitten3]

Expired visa is not a problem as long as I-94 is still valid. Remember - visa allows entry; I-94 allows stay.

Let me ask about I-94 card. I though that the I-94 card serves as evidence that a nonimmigrant "has entered" the country legally. I-94 card with D/S note allows a nonimigrant to stay legally "as long as he has a valid DS-2019". For valid DS-2019, he can keep extend his DS-2019 under the same program or acquire new DS-2019 by switchig to other J-1 programs. Thus, visa allows entry; I-94 certifies that the entry was legal (does not make the stay legal after DS-2019 expiration); DS-2019 (with I-94 with D/S note) makes the stay legal. Can anyone clarify this?

[basiek]

Kitten3, thanx

So, let me exactly tell you how my situation is.
I came to US in 2007 for my internship and stayed here 1 year. Than went back to my home country for my graduation and stayed there about 6 months.
Me and my fiancé were thinking about applying for K1 visa- fiancée visa, but I've decided to try to get tourist visa, luckily i got so now I'm with my love, but the date on I94 expired few weeks ago. And now i am wondering if I will have problems with getting GC. Well, we'll see. My wedding is in a week and than time to send all the papers. wish me luck

[kitten3]

You are free from 2 years home country residence requirement now.
Your entry to US this time was legal. Short period of possibly-iligal stay.
You can call up for immigration lawyers. I think they are dealing
with this kind of case often. Conversatin over the phone or
first counseling meeting is usually free.

Happy wedding!

[basiek]

How long does it take for USCIS to sent the final approval. It's been over 2 months since i received the copy of favorable recommendation from DoS. Is there any way to check my status on USCIS website??

[maf2006]

Hi
Its ok. It will work out, nothing to worry later u can update.