J1 waiver applied through DOS option, but getting marry

M

marangel

New Member
Hi everybody,

I am from Peru and I was subjected to the 2 year home residency since I am doing a training in the USA, my visa expires this June 01, so I am trying to change my visa status in order to pursue graduate studies. I was told I have to get a waiver in order to apply for a student visa. I applied for a non-objection letter from my country and I was recommended by them, I submitted all my documents to the US Department and my current status is favorable recommendation, the document from them was sent to the USCIS on April 28 and I guess I just have to wait for a final decision.

As I said before my visa expires June 01 (just weeks left), I dont think I will have enough time to get my waiver in order to apply for a student visa, so My boyfriend (US citizen) and I have have decided to get marry, yesterday we have applied for a marriage license and we might get marry in two weeks. I was trying to change my visa status without getting marry but the time is against me.

My question is the following, I applied for a waiver in order to pursue graduate studies, but now the situation has changed, I am getting marry. The document I am gonna get from the USCIS will say this waiver is for this person to pursue graduate studies under the F1 visa, but in a month I am gonna apply for a green card, will I have any problem for this?? I was very honest about my intention to apply for a F1 visa, but I have no time, so I am getting marry instead and gonna apply for a green card once I get marry.

I will very thankful if somebody can solve my doubt. :)
 
You do not have anything to worry about. The final waiver from USCIS does not specifically say the reasons of getting the waiver. It simply says that your home country has no objection to waiving the 2-year rule. Since you have already received your favourable recommendation (congratulations!!), you are pretty much guaranteed to get the final waiver from USCIS. It should arrive within 2-3 weeks from seeing the favourable recommendation on the Dept of State website.

Don't forget that you have 30 days grace period after your J1 visa ends to remain in the US.
 
Error in concept, lucky in outcome!!

It's nice to read about a positive situation from time to time!

Remember that once a J1, always a J1 until you either go to you country for 2-years or get the waiver... and that includes getting married to a US citizen!

So, even if you were married already, without obtaining the j1-waiver that you just did, you wouldn't be able to change your status to a GC!!

So sit tight, as soon as you get your documents (waiver) apply for the green card and you're all set.

Good luck!
 
Hola Marangel,
Yo estoy en una situacion similar a la tuya, lo que necesito es como se consigue la NON OBJECTION LETTER de Peru. como hiciste tu?

un millon de gracias
 
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