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I have my State Dept. appvd J-1 Waiver reccom. Can I file my spouse-based I-130/I-485 package simultaneously w/I-612??

New York, NY |

The state dept. approved my no objection waiver recommendation. Can I file my spouse-based I-130/I-485 package simultaneously w/I-612 waiver application? Or do I have to file the waiver application 612 with USCIS before filing for the green card?

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Yes you can.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Thank you very much, that's great to know. I would be curious where one could find the filing rules - ie. for this set and in general, what can be filed simultaneously with the I-485 package.


I believe you can, personally, I prefer to get it approved first and then file the AOS package.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Yes, go ahead.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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It is allowed, though I recommend having the waiver approved first.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

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I’m assuming you received the letter from the State Department indicating that it has recommended that the USCIS grant a waiver in your case. This is not the grant of a waiver. Only the USCIS can grant a waiver. If you filed a no objection waiver, the USCIS Vermont Service Center will issue a receipt notice shortly after you receive the favorable recommendation. Several weeks after that, the Vermont Service Center will issue the approval notice in the case. This happens automatically and there is no need to file anything.

Under the statute, you cannot apply for the green card (I-130/1-485) until you have received the waiver grant. See INA § 212(e). That said, assuming you filed a no objection waiver, there is some authority in the USCIS Adjudicators Field Manual (AFM) indicating that you can file a no objection waiver application concurrent with an adjustment of status application. You can find that here:

The filing of this adjustment of status application concurrently with a no objection waiver application is permissible. See USCIS Adjudicators Field Manual, Chapter 45.5 (a), Note 2, which states, in pertinent part (emphasis added): “A ‘no objection’ case is the only situation where the alien is allowed to file an adjustment application concurrently with a waiver request.”

Note that this only applies to no objection waivers. If you have a favorable recommendation from the State Department, there is also a USCIS Policy Memo called the Virtue memo. It permits the filing and adjudication of an I-485 after the State Department favorable recommendation has been received. I do not recommend this course of action because it may confuse the USCIS and cause delay in your case. These days adjustment of status applications are sailing through the USCIS in about 4-6 months.

You may want to consult with a lawyer that has specific experience in J-1 matters for more guidance on this.

Brian Schmitt
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
Phone: 410-635-3337

Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

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