J-1 waiver Pending at USCIS along with I-485. Urgent. Please help!

H

hy2934

Registered Users (C)
Hello All,

I am in a very tight situation (thanks to my own negligence and mistake though) and would really be grateful if someone could offer me some help. I am explaining my situation below.

I had come to US in 2008 for 10 weeks for some research project in a university on a J-1 visa and was subject to home residency requirement (212-e I believe). Then I went back to my home country for a year, completed my undergraduate studies and then came back to US to pursue graduate studies in 2009 (on F-1 visa). I got married to a USC this April and was filing for AOS when I read on a forum that you need to apply for J-1 waiver too. I consulted a lawyer (one time appointment) and she said the same except that she said you can file for J-1 waiver and AOS both and hope that you get the waiver before GC interview.
I then waited till September to get things done for J-1 waiver but things were kinda moving slow and I was running out of time (have a job offer in hand which requires my EAD). thus in Sept 2011, I applied for AOS but due to my negligence and stupidity, I forgot to say "Yes" in that I-485 question regarding J-1 waiver, along with mentioning "Pending". Instead, I just said "No" to that question.
Now the situation is: I have got my favorable recommendation from DOS and I have received I-612 receipt notice from USCIS (on October 16th) too for J-1 waiver. Also, I just had biometrics yesterday for my AOS package.
Seeing the current timelines, I am afraid I might have GC interview pretty close to getting that J-1 waiver. Its gonna be very tight.

My questions arE:
1) Even if I get waiver before, will that create any problems in GC interview because IO can see that I said "No" to that I-485 question, however my waiver date is later than the AOS filing date?
2) If I dont get approval for J-1 waiver from USCIS before my GC interview, are they gonna deny my I-485 outright? or they can put it on hold since USCIS is the one making decision on waiver approval too?
3) Is there any way to expedite my J-1 waiver process? like can I ask them to expedite since I have my AOS pending too?
4) Is there any way I can send this I-612 receipt notice and DOS fav recommendation copy to USCIS to make changes in that I-485 question?

Any help will be appreciated! I am so loking forward to any advice that you might have

P.S. I filed J-1 waiver on No Objection Basis. Moreover, I kow people might say consult a lawyer but lawyer in my area are pretty expensive and am running short on money due to some family issues :(
 
hy2934 said:
Hello All,

I am in a very tight situation (thanks to my own negligence and mistake though) and would really be grateful if someone could offer me some help. I am explaining my situation below.

I had come to US in 2008 for 10 weeks for some research project in a university on a J-1 visa and was subject to home residency requirement (212-e I believe). Then I went back to my home country for a year, completed my undergraduate studies and then came back to US to pursue graduate studies in 2009 (on F-1 visa). I got married to a USC this April and was filing for AOS when I read on a forum that you need to apply for J-1 waiver too. I consulted a lawyer (one time appointment) and she said the same except that she said you can file for J-1 waiver and AOS both and hope that you get the waiver before GC interview.
I then waited till September to get things done for J-1 waiver but things were kinda moving slow and I was running out of time (have a job offer in hand which requires my EAD). thus in Sept 2011, I applied for AOS but due to my negligence and stupidity, I forgot to say "Yes" in that I-485 question regarding J-1 waiver, along with mentioning "Pending". Instead, I just said "No" to that question.
Now the situation is: I have got my favorable recommendation from DOS and I have received I-612 receipt notice from USCIS (on October 16th) too for J-1 waiver. Also, I just had biometrics yesterday for my AOS package.
Seeing the current timelines, I am afraid I might have GC interview pretty close to getting that J-1 waiver. Its gonna be very tight.

My questions arE:
1) Even if I get waiver before, will that create any problems in GC interview because IO can see that I said "No" to that I-485 question, however my waiver date is later than the AOS filing date?
2) If I dont get approval for J-1 waiver from USCIS before my GC interview, are they gonna deny my I-485 outright? or they can put it on hold since USCIS is the one making decision on waiver approval too?
3) Is there any way to expedite my J-1 waiver process? like can I ask them to expedite since I have my AOS pending too?
4) Is there any way I can send this I-612 receipt notice and DOS fav recommendation copy to USCIS to make changes in that I-485 question?

Any help will be appreciated! I am so loking forward to any advice that you might have

P.S. I filed J-1 waiver on No Objection Basis. Moreover, I kow people might say consult a lawyer but lawyer in my area are pretty expensive and am running short on money due to some family issues :(
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1. Call NCSC and ask for the location of your file. Is it at NBC or a local office or a Service Center?

2. Write a short letter stating that you realized that you checked the wrong box on the I-485 Q# whatever. Include a copy of the I-612 approval and whatever you might have from DOS.

3. Only send copies and bring originals to any interview.

4. They can still complete the interview even if the waiver process is incomplete. It would just cause a delay.
 
BigJoe5 said:
1. Call NCSC and ask for the location of your file. Is it at NBC or a local office or a Service Center?

2. Write a short letter stating that you realized that you checked the wrong box on the I-485 Q# whatever. Include a copy of the I-612 approval and whatever you might have from DOS.

3. Only send copies and bring originals to any interview.

4. They can still complete the interview even if the waiver process is incomplete. It would just cause a delay.
Click to expand...


Thanks BigJoe5 for your comments.
1) I received a copy of favorable recommendation from DOS and it was sent to Vermont Service Center which I confirmed over the phone with USCIC people.

2) If I do that, will I have to fill out a new I-485 form (along with the fees)? Will it significantly delay my AOS case? Moreover, just to be clear, I haven't got approval from USCIS. They just sent me Notice of Action for the I-612 form they received from DOS for my case with favorable recommendation i.e. they just sent me a receipt number so that I can check my status online for J-1 waiver.

4) I was reading about that on forum here and I read some people stating that their I-485 was denied on the day of GC interview because IO said that they have to deny it since he hasn't gotten the waiver yet. I also read that they used to put their verdict on hold till a person got his waiver but am not sure if they do it anymore. What are your thoughts about that?

In addition to these, I just have one question: Does it matter/delay either my J-1 waiver case or AOS case considering that both of them are with USCIS currently? I mean given the fact that USCIS has 2 different kind of paperwork for me, will it influence any case or they will be just treated as independent cases?

Thanks again for all your help.
 
hy2934 said:
Thanks BigJoe5 for your comments.
1) I received a copy of favorable recommendation from DOS and it was sent to Vermont Service Center which I confirmed over the phone with USCIC people.

2) If I do that, will I have to fill out a new I-485 form (along with the fees)? Will it significantly delay my AOS case? Moreover, just to be clear, I haven't got approval from USCIS. They just sent me Notice of Action for the I-612 form they received from DOS for my case with favorable recommendation i.e. they just sent me a receipt number so that I can check my status online for J-1 waiver.

4) I was reading about that on forum here and I read some people stating that their I-485 was denied on the day of GC interview because IO said that they have to deny it since he hasn't gotten the waiver yet. I also read that they used to put their verdict on hold till a person got his waiver but am not sure if they do it anymore. What are your thoughts about that?

In addition to these, I just have one question: Does it matter/delay either my J-1 waiver case or AOS case considering that both of them are with USCIS currently? I mean given the fact that USCIS has 2 different kind of paperwork for me, will it influence any case or they will be just treated as independent cases?

Thanks again for all your help.
Click to expand...

1. You want to get the two separate cases to connect. They are in different physical files and perhaps in different physical location.

2. There is no reason to re-file things.

4. See: http://www.uscis.gov/err/H3 - Waive...ecisions_Issued_in_2011/Jan282011_01H3212.pdf

"DISCUSSION: The waiver application was denied by the Director, California Service Center, and
is now before the Administrative Appeals Office (AAO) on appeal. The matter will be remanded to
the Director to request a section 212(e) waiver recommendation from the Director, U.S. Department
of State (DOS), Waiver Review Division (WRD)."

**************
USCIS as an agency is cracking down on procedures and actions that are fundamentally unfair.
 
BigJoe5 said:
1. You want to get the two separate cases to connect. They are in different physical files and perhaps in different physical location.

2. There is no reason to re-file things.

4. See: http://www.uscis.gov/err/H3 - Waive...ecisions_Issued_in_2011/Jan282011_01H3212.pdf

"DISCUSSION: The waiver application was denied by the Director, California Service Center, and
is now before the Administrative Appeals Office (AAO) on appeal. The matter will be remanded to
the Director to request a section 212(e) waiver recommendation from the Director, U.S. Department
of State (DOS), Waiver Review Division (WRD)."

**************
USCIS as an agency is cracking down on procedures and actions that are fundamentally unfair.
Click to expand...

Thanks again BigJoe5. You have been really helpful. Please be patient here with me as I am worried and don't really know all this stuff.

a) From what you just said, I am taking the following thing:
I should write a letter to USCIS explaining that I made mistake on Q# so and so on I-485 form, and provide photocopies of the supporting documents and my I-797 and everything.

Since you worked with USCIS and are knowledgeable in this area, any guesstimate as to how long it might delay my EAD/I-485 processing? I just got done with my biometrics yesterday. I terribly need EAD before mid-January.

b) And regarding wanting to connect cases, how should I go about that? This abovementioned letter would do it or I need to call/make an infopass or something? I just got to know from USCIS customer rep that my AOS file is in Dallas field office. (Waiver file is in Vermont Processing Center)

c) Regarding the link you posted above, that was for J-1 waiver getting denied on the basis of hardship and all. I filed it on the basis of No Objection from my home country's govt. and I have received favorable recommendation (I read that USCIS follows DOS' reco 99% of the time for No Objection cases). So, I am pretty hopeful that USCIS will grant me a waiver. All I'm worried about is IO (during GC interview) saying that since I've not got the final approval for waiver from USCIS, they will have to deny my I-485. :(

Am sorry for any inconvenience or anything. Please be patient with this brother.

Thanks again. Have a great day!
 
hy2934 said:
Thanks again BigJoe5. You have been really helpful. Please be patient here with me as I am worried and don't really know all this stuff.

a) From what you just said, I am taking the following thing:
I should write a letter to USCIS explaining that I made mistake on Q# so and so on I-485 form, and provide photocopies of the supporting documents and my I-797 and everything.

Since you worked with USCIS and are knowledgeable in this area, any guesstimate as to how long it might delay my EAD/I-485 processing? I just got done with my biometrics yesterday. I terribly need EAD before mid-January.

b) And regarding wanting to connect cases, how should I go about that? This abovementioned letter would do it or I need to call/make an infopass or something? I just got to know from USCIS customer rep that my AOS file is in Dallas field office. (Waiver file is in Vermont Processing Center)

c) Regarding the link you posted above, that was for J-1 waiver getting denied on the basis of hardship and all. I filed it on the basis of No Objection from my home country's govt. and I have received favorable recommendation (I read that USCIS follows DOS' reco 99% of the time for No Objection cases). So, I am pretty hopeful that USCIS will grant me a waiver. All I'm worried about is IO (during GC interview) saying that since I've not got the final approval for waiver from USCIS, they will have to deny my I-485. :(

Am sorry for any inconvenience or anything. Please be patient with this brother.

Thanks again. Have a great day!
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See PM.

Also, write to both offices. They can make them "related or riding files" in their file tracking system but someone actually has to do the data entry.


The EAD is an "Interim Benefit" issued BECAUSE of the pending I-485. Once the LPR status (greencard) is approved (or denied) the EAD is DEAD.
 
BigJoe5 said:
See PM.

Also, write to both offices. They can make them "related or riding files" in their file tracking system but someone actually has to do the data entry.


The EAD is an "Interim Benefit" issued BECAUSE of the pending I-485. Once the LPR status (greencard) is approved (or denied) the EAD is DEAD.
Click to expand...

Thanks BigJoe5.

I wrote the letter to my field office (from what custom rep told me) and to Vermont Service Center (where my waiver file is located and being processed). Moreover, I had an infopass appointment today at San Antonio. The officer there looked at my file and every document that I brought and told me that there is no need to write a letter "as they won't correct it on the physical form" (exactly what he said). When I asked him how about making these 2 files related, again he said there is no need because even by doing so, it won't affect the processing time/speed of your waiver file or AOS file. He asked me to keep these documents and present it to IO on the day of my interview when he/she will double-check all those Yes/No questions and then he/she can correct the actual I-485 form.

One more interesting point that he mentioned: When I asked him if I don't have the waiver till my GC interview, will the IO deny my AOS application? He said "No! They will re-schedule your interview as your waiver file is still pending with USCIS itself. So, it will cause delay but shouldn't result in I-485 being denied". Thats quite a relief I believe.

Thanks again for your help. Do let me know what you think about these things that the officer told me.
 
hy2934 said:
Thanks BigJoe5.

I wrote the letter to my field office (from what custom rep told me) and to Vermont Service Center (where my waiver file is located and being processed). Moreover, I had an infopass appointment today at San Antonio. The officer there looked at my file and every document that I brought and told me that there is no need to write a letter "as they won't correct it on the physical form" (exactly what he said). When I asked him how about making these 2 files related, again he said there is no need because even by doing so, it won't affect the processing time/speed of your waiver file or AOS file. He asked me to keep these documents and present it to IO on the day of my interview when he/she will double-check all those Yes/No questions and then he/she can correct the actual I-485 form.

One more interesting point that he mentioned: When I asked him if I don't have the waiver till my GC interview, will the IO deny my AOS application? He said "No! They will re-schedule your interview as your waiver file is still pending with USCIS itself. So, it will cause delay but shouldn't result in I-485 being denied". Thats quite a relief I believe.

Thanks again for your help. Do let me know what you think about these things that the officer told me.
Click to expand...


Once again someone has met with the front-line "brain trust" of USCIS and encountered someone who has never adjudicated anything in their entire immigration career. At least they gave some correct information.

Now ask yourself: IF the J-1 waiver is already approved but is located at another location and your interview goes well, will the final approval be delayed because the officer has to obtain and consolidate the other file first? Perhaps they will have some mechanism to shortcut the need to get the waiver file, but will that officer know how or care to bother doing it?

Anything you can do to help the adjudicator make the adjudication decision is better than allowing unnecessary delays to simply happen unabated.
 
Yes. I agree with you here. That is why I sent in the letters to the respective office anyways explaining them everything and stuff.

However you mentioned that "atleast he gave some info correct". Did you point at "they won't deny your I-485 even if J-1 waiver is still pending and will re-schedule it" information?
 
hy2934 said:
Yes. I agree with you here. That is why I sent in the letters to the respective office anyways explaining them everything and stuff.

However you mentioned that "atleast he gave some info correct". Did you point at "they won't deny your I-485 even if J-1 waiver is still pending and will re-schedule it" information?
Click to expand...

That person was right that a pending I-612 is NOT a ground for I-485 denial. That was the point of the decision I provided a link to earlier. When a case is pending before different parts of an agency or even closely coordinated parts of DIFFERENT agencies, gov't delay is not a proper ground for denial. Idiotic moves like that never stand up to scrutiny.

Re-scheduling is an overreaction and unnecessary in most cases. They complete as much as they can even on cases where the Visa Bulletin has retrogressed and they just wait for a visa to be available. Same thing with your case. Why re-schedule an interview?
 
Hi,

I received an e-mail and a text today from USCIS stating that my I-612 (for J-1 waiver on the basis of No Objection from home country) has been approved and they have mailed the approval letter today to my address.

So, I guess there shouldn't be any complication during my interview regarding that mistake on one of the "Yes/No" questions on I-485 form. Right?

Thanks for all your help once again.
 
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