J1 Visa (2 ys HRR) married to US citizen

R

rob_seller

New Member
I am in a fix here and would really appreciate help.

I am married to a USC since Dec 2005 and have a baby now. I am applying for J1 waiver based on hardship and wanted to know some information

1. Can I apply for green card while waiting for my J1 Waiver
2. How long does it take for j1 waiver application to process for hardship
3. Can I get a green card inspite of my two year HRR due to my J1 visa

Thanks
 
1. Can I apply for green card while waiting for my J1 Waiver
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no

2. How long does it take for j1 waiver application to process for hardship
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it varies and is very individual

3. Can I get a green card inspite of my two year HRR due to my J1 visa
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no, unless you get a waiver or return to your country for 2 years
 
yes, you can definitely file I-130. That's what I did, and after I got the favorable recommendatio I filed I-485. It is allowed in a case of no-objection. Not allowed in a case of a hardship waiver. You will need to wait for the final waiver decision before you can file I-485.
 
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