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J1 Waiver Pending and AOS eligibility

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  • J1 Waiver Pending and AOS eligibility

    Hello all,

    Just wondering if I can file for I-485 AOS if my J1 Waiver hasn't been approved yet? USCIS has received the "no objection letter" 4 weeks ago, but hasn't issued the favorable recommendation letter yet.

    I want to submit the marriage green card package as soon as possible, since my J1 visa will expire in 4 days, and I will only be legally allowed to stay in the U.S. for 30 days afterwards (last day 11/28). Since it can take up to 3 weeks to receive the green card application, I am very worried that I will need to file soon (in the next week) in order to legally stay in the US. But if i mail in the green card package now, there is the risk that USCIS has not issued a favorable recommendation, therefore my green card package gets rejected.

    Can you let me know if my concern is valid? If yes, what should I do in this case?

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