File I-485 while J-1 waiver is pending
I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?
To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.
First of all thanks to Mr. Rajiv Khanna for finding time for me and many others for free consulatation. I am from India and I went to USA in the year 2006 and 2009 on J1 visa. Currently I am in Italy and I have to start the J1 waiver process. As there is not enough information avialable for people like me who are neither in USA nor in India at the time of applying for J1 waiver. So I consulted Mr. Khanna and he told me that the Indian consulate in Italy should be contacted first and they should attest the documents. He is right because you can not send your original passport to anywhere else other than government offices in the country you are living in. Once I ge the attestation done, I will send the documents to India to obtain clearance from the three departments. I told Mr. Khanna that this is like a social service what he is doing because my experience with the other lawyers of Indian origin is not so pleasant. Bye