CASE: I-130/I-485
NATIONALITY: Filipina
LOCATION: Kansas City, MO
Our client came from the Philippines and entered the U.S. as a J-1 teacher. Her J-1 status made her subject to the two-year foreign resident requirement. Our client wanted to file her adjustment of status application along with her US citizen spouse’s I-130; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.
Our client could not pursue her waiver under the No Objection Statement or Interest Government Agency. Her case was impossible for both waiver routes. Our client wanted to pursue her J-1 waiver since her spouse is experiencing exceptional medical hardships.
After retaining our firm, we filed a waiver request on an exceptional hardship basis. On August 16, 2022, the J-1 Waiver was filed to the Department of State. Our office prepared an affidavit of our client and other supporting documents. Our client also provided us with medical documents for her spouse’s medical conditions. On August 19, 2022, our office filed an I-612 to the USCIS and asked for them to issue this waiver since our client’s spouse would experience exceptional hardship if our client needed to go back to the Philippines for two years. The USCIS approved her I-612 waiver on March 27, 2024 without any Request for Evidence.
Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm filed the I-130 Petition and Adjustment of Status Application on June 27, 2023.
On January 19, 2024, the USCIS issued a Request for Evidence and asked our client to submit more bona fide marital evidence. Our office filed the RFE on April 4, 2024. On April 12, 2024, her green card application was approved.