J1 to AOS - maintain status for a month before filing i-485


huntia

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Posted

My current J1 program ends on March 31. There is no way I can extend the program. I am allowed to stay in the US until April 30 (with the 30 day grace period). I married my long term girlfriend, a US citizen, recently, and want to apply for the green card through adjustment of status (i-485).

I applied for waiver of the 2-YHRR based on no objection letter from my home country. The embassy is expected to send the NOS to the department of state (DOS) on May 1. I will receive a confirmation from the consulate of my home country and a copy of the NOS on April 20.

I expect the DOS to issue recommendation for 212(e) waiver latest by May 30.

As I am allowed to submit i-485 only after DOS recommendation to USCIS for 2YHRR waiver is issued, I need to find a way to maintain status until June 1 when my i-485 application will be filed.

Any thoughts on how I can maintain status for these 30 days from the end of the J1 grace period?

Thanks

Posted

Tourist/visitor status is likely your only option. But you can't admit that you are preparing to file I-485. You can say that you are trying to wrap things up in the US and need more time.

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