So I was just married, but my J1 Visa is ending in a few days. I know I have 30 days afterwards that I am allowed to take, to leave. Given the following additional information, which is the best course of action to take for applying for a greencard on the basis of marriage to a US Citizen?
But the situation is complicated by a 2-year home requirement from the J1-visa. I applied to waive this requirement a while back, but the processing is dragging on. I expect to receive the waiver, no problem, because I received no governmental funding. However, until I acquire the waiver, I think I am not supposed to apply for a greencard, since it is migratory.
If I apply now, I might be denied because I don't have the waiver yer. However, if I don't get the waiver soon, I might have to go back to my home country. If I go back to my home country, I am worried that I might be required to serve the 2-year residency requirement. Alternatively, I can try to wait for the waiver to process before applying for a greencard. But there is no guarantee that it will finish in time.
If I apply now and am rejected on the basis of having the 2-year home residency requirement, can I appeal later once the requirement is waived?