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J-1 Home Residency Requirement Issues related to Waivers, change to other visas while on J-1, etc.

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Old 7th October 2009, 04:20 AM
kxm9976 kxm9976 is offline
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Join Date: Sep 2009
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Which one should I try?

Hello. Any opinions are greatly appreciated.

1) From 1997-1998 I studied in high school in the US as part of an exchange program called FSA/FLEX, which to my understanding was sponsored by the US Government.

2) I do have the 2 home residency requirement as indicated on my visa. Since then, I have fulfilled 6 months.

3) Since 1998, I have been on F-1 Visa and the education was sponsored by a US Citizen (no residency requirements).

4) I have always maintained a legal status and have never engaged in illegal activity.

5) I am engaged to a US Permanent Resident who will be eligible to apply for naturalization in 18 months.

6) We plan on getting married within the next 6 months.

7) It appears that the embassy of my country will provide a "No Objection" letter.

My Questions:
1) Should I apply for waiver based on the "No objection" letter? What are my chances of getting that waived considering that the program was funded by the US government?

OR

2) Not apply under "No objection" and once we get married and my wife is still an LPR, apply for waiver based on the "... Hardship to US Citizen or Permanent Resident"?

OR

3) Should I include both in one waiver application?

OR

4) Should I try "No Objection" and then if I get denied, I apply under the "...Hardship...."?

5) Do I need to submit a copy of the IAP-66 with the waiver application? I can't find my copy, my program coordinator doesn't have one either, and I am not sure if the local embassy will have one either.

Thank you
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