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What should I do with my marriage greencard interview?

Bethlehem, PA |

My current visa is F -1, but I was on J -1 visa when I first came to the U.S. My husband is a USC, and I filed I-485 this June. However, after I finished figure print, I noticed that I did not have J-1 waiver. I applied J-1 waiver as soon as I noticed that. Yet, the whole process is supposed to be 2 to 4 months, which means the earliest time that I can get the waiver is early October. Last week, I got the interview notice, and it’s scheduled on 09/09.
Now my questions are:
Should I postpone my interview? Or is there any possibility that the immigration officer will let me interview on the original scheduled date anyway, and on hold my decision until they received my J -1 waiver.

Thank you very much for your kind help!

Thank you for all your advice! There is one section in the form 485 asking if you've ever had a J-1 visa before, and my husband checked “NO” on that part for me. When I double checked the forms I didn't pay attention to that part either. We don’t meant to cheat, but will the immigration officer consider that a big fraud or something? Will they deny my application based on that? I also worried if that will gives me a bad record of cheating. My husband and I got married last year. We've been together for more than 4 years, and we surely married for true love. We DIY the whole application based on the tips posted on internet, but we didn't expect my past visa experience makes the whole process such complicated.

Attorney Answers 6

Posted

Try to get the examiner to put your case on hold until you get your J waiver.

(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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Posted

If you indeed need the waiver, your case will not be approved without it.

The Court of Appeals for the Second Circuit has stated that immigration law is "a notoriously complex and constantly shifting area of law."

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Yes, postpone the interview. Check your I-485 whether you indicated you were subject to 212(e).

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

Some J visa holders are subject to the 2-year foreign residency requirement, and others are not subject to the requirement. Best to consult an immigration attorney immediately to determine whether you need a waiver, and if you do, how best to proceed forward.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Posted

You must obtain a waiver to have the green card application approved.

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Posted

Once you do have the interview, you should immediately inform the interviewing officer of the incorrect answer on the I-485 and ask to change it.

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