J1 waiver happy end

[sokura]

Hi everyone,
The threads posted on this forum have been very helpful in preparing my waiver application. It sure saved me a couple thousand dollars in attorney fees. I would therefore like to share my own experience with those that are currently going through the sometimes stressful process of getting the waiver. My case got a little bit complicated and unusual. But it was a happy end.
I am originally from a West African country. I came in the US under a J1 visa for a postdoctoral training after completing my PhD in France. The 2-year home country residency rule applied to me. It was to be fulfilled in my home country in Africa as shown on my visa. When I applied online for the waiver toward the end of my legal stay here, I also applied for a letter of non objection from the embassy of my home country. The embassy promptly issued the letter of non objection as I came in the US from France and didn't have any type of scholarship or support from them. A little over a month later, the status of the letter of non objection appeared online as received. That lasted for just a week before the status of the letter of non objection was changed to "requested". I called the DoS for days but couldn't get any information about the situation. Later I received a letter from the DoS telling me that they needed the letter of non objection from the embassy of France and not from the embassy my home country!!!. I was surprised as I carried a student visa in France and was just a temporary resident there. So I called the embassy of France and later sent a formal application with all the supporting materials they requested. I thought it wouldn't be a big deal for them to state that I'm not a French citizen nor a France resident and therefore I was not requested to go back there. The lady that was in charge of the letter of non objections in the Embassy of France made sure the process would be a nightmare for me. She had me sent her my application at least three times by express mail and through email (with electronic copies of my documents) because she had lost the previous applications. Every time I contacted her to inquire about my case, she would come up with a new document she needed me to send her. It took her over two months to send the letter to the DoS. By the time my waiver got approved, I had run out of time on my visa and lost the job offer that was waiting. My adjustment of status application is currently pending based on marriage.

I have included below the timeline of my application

All documentations sent: 1/30/2008
My case stauts as it appeared online:
Fees Received: 2/13/2008 (day 14)
Form DS-3035: Received 2/13/2008 (day 14)
Form DS-2019: Received 2/13/2008 (day 14)
Passport Data Page: Received 2/13/2008 (day 14)
Letter of Representation: Received 2/13/2008 (day 14)
Statement of Reason: Received 2/13/2008 (day 14)
No objection Statement: Received 3/7/2008 (day 37)
No objection Statement: Requested 3/13/2008 (day 43)
Incomplete Information letter: Sent 3/13/2008 (day 43)
No objection Statement :Received 5/15/2008 (day 106)
Favorable Recommendation: Sent 7/9/2008 (day 161)
DoS favorable recommendation : Received in the mail 7/16/2008 (day 168)
Waiver Approval Notice: received in the mail 8/4/2008 (day 187)

[Chexter]

Hi Sokura,
I am surprised that you were asked for a NO letter from France embassy. Did they (DOS) specify why they wanted it? they've mentioned only NO letter from 'home country' in the requirements on their website. I am curious coz I am getting ready to apply for a waiver. I am pursuing a postdoc on J1 and although I did my PhD from US I had done my Bachelors in India and I am citizen of an African country. Do you think I would be asked to get an NO letter from Indian Embassy, considering you were asked to get one from France

[sokura]

Hi Chexter,
The DoS stated in the Incomplete Information Letter they sent me that France was my last country of permanent residence and should therefore be the country that issue the letter of no objection. I still don't undestand how they made the mistake. But I've heard of waiver applicants in a similar situation whose letter of NO was issued by their home country and accepted by the DoS. It just may have been a bad luck for me. Hopefully that won't happen to you.
Good luck!

[Rakesh_ran]

can you share main points you mentioned in the Statement of Reason? this will be helpful.

[19760608]

I got recommendation letter and approval notice at same day (12 days afer DOS send out favourate recommendation)!

[sokura]

Hi Rakesh,
In my statement of reason I gave a little bit of background by saying that I came to the US from France where I was a student. I stressed the fact my program here was not sponsored by my home country and therefore the embassy of my home country was willing to issue a letter of no objection.