jeanlee

I am married to an American and have just applied for a J1 visa waiver (no objection). Should I apply for my green card now or wait for the waiver to be approved?

Thanks.

hobbes79

You have the 2 year HRR?

EDIT: A glance at your other posts show you are. As far as I know, marriage to a USC doesn't get you off the hook for the 2 year HRR... so fingers crossed on that waiver.

Happy to be corrected however.

ian-mstm

You are *not* allowed to adjust your status as long as the 2-year HRR is hanging over your head. You *must* have the waiver before you can do anything. If you do *not* get the waiver, you must leave the US. Being married to a USC does *not* help you at all.

Okay... I think that's pretty clear.

Ian

jeanlee

My government has agreed to issue a no objection letter, so the waiver should be pretty much automatic (just takes time).

What I am trying to find out is if I should apply for green card now or wait after the waiver comes through?

Noorah101

After the waiver comes through. At the moment, right this minute, you do not have a way of adjusting status. You need to wait until you have the waiver in writing so you can then file AOS.

Rene

Folinskyinla

Hi:

Out of idle curiosity, where did you hear that? Or do you have a good lawyer? My J-1 maven is pretty good and I think he would be successful, but otherwise I'm not so sure.

Bottom line -- there is nothing that is "pretty much automatic" in this biz.

jeanlee

Two different immigration attorneys told us if you have a no objection letter they always grant the waiver.

Noorah101

That's fine. Then you have no worries. Just wait until you get the waiver in hand, then file your AOS.

Rene

ian-mstm

You are free to believe whatever information you want... and you are free to act on whatever information you believe.

Ian