Married to an US citizien entering with I-94, but with a J1 (2year rule) in the past- PLS HELP

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vickialvarez22

New Member
I am from Spain.

I came to the US on vacation and married a US citizien. My husband applied for an alien relative visa (wife). I already got my social security number and my work permitt. I went to the interview, and after the interview they sent me a letter saying that there was a lack of information. The thing is that 1 year ago I had a J1 visa to come to the US. I left the country and went back to Spain for some months. Last time I entered the country was legally with a "visa waiver program" for vacation purposes (I-94), then I got married while I was here.

The USCIS asks me to provide a letter from my country saying that I have been there for 2 years, but I haven't.

My questions:
- Although I entered the country legaly, the 2-year rule still applies? Although I married a US citizien still applies?
- If I apply for a "waiver" in the 2-year rule, can I stay in the country meanwhile it is processed? The USCIS letter says that I have only 60 days to provide documentation or my change of status would be denied. What happens if the 60 days period expires and I still don't have the waiver? Do I have to begin all the application process again?

I am very scared because I got a job in the US, we bought a house, a car... Plus I don't want to stay far from my husband... :(

Please, help!

Thanks
 
The 2-year rule still applies regardless of how many times you have entered the US or get married.
The 2-year rule prevents you from changing your status to H/L/K visa or GC.
There are only two ways to get out of this rule.
1. Stay in the country of last residence (as indicated on DS-2019) for two years -OR-
2. Get a waiver

The waiver process does not affect any of your current immigration status. So, if your current status expires and the waiver has not completed, you will have to leave the country. I do not know of the effect on your current change of status case.
If you are lucky, the waiver process can be completed in 1.5-2 months given that your embassy can issue the no-objection letter right away.

By the way, the "J1 waiver" and the "visa waiver program" are two completely different things.
 
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or I dont know much thing about that but hardship style is for already got married people. so may be that may works for you. u can find some information about hardship.
 
First of all: What does it say in your DS-2019; are you actually subject to 2-years home rule or are the boxes unchecked? Second: If you are subject, do you know why and if you really can obtain the waiver?
If you can apply for no objection waiver, you might be able to get it in time. I send my application in March 1, 2010 and received the final approval note on April 12.

If it doesn't look like you get the waiver in time, I would really recommend you to speak to an attorney. Because if you leave the US at this point, you cannot come back on the Visa waiver program!!! They won't let you in, because they won't believe that you have no intend of staying. So you would have to apply for a spouse visa (takes ~ 6 months) and then, when you get back in, you have to start the whole AOS process again.
An attorney might be able to get you additional time to get the waiver. Also, my attorney recommended to stay illegally and wait for the waiver and then reapply for the GC (you have to pay the full filing fee again), and definitely not leaving the country (luckily I got my waiver in time, so I didn't have to do this). But again, I would really speak to an attorney about it. They usually do 30 minute consulting, sometimes free, or usually for around $100-150. It's totally worth it!!!
 
NOT ALL J1s ARE CREATED EQUAL!!!!

Not all J1s are subject to the 2y-rule AND furthermore, each country has different requirements of the rule based on "special skills lists".

You need to be specific as to why you got a J1.

If your J1 does indeed require the 2y-rule to change status, then there's but 2 options: 1. back to Spain for 2 years of aggregate time (if you come to Disneyland for 2 weeks it doesn't count towards the 2ys) or 2. Obtain a J1-waiver and again, each country has very different features.

I agree with one of the posts above, check you J1 document, because it's specified there with a check box whether you're subject or not.

Good luck and... salud!

SW
 
Hi,
Thanks so much for all your answer.
My 2019 says that the 2 year rule is required based on government funds. My program wasn't a fullbright, it was a pre-doctorate 6months program (my exchange program number: P-1-01594). Do you guys know if I have any chance to get the waiver?
So, here is the situation:
- I spoke to a lawyer and he insisted on the idea that as I entered the US legally (I94), and married a US citizien, don't need the waiver and can change my status. The lawyer wrote me a letter for the USCIS explaining that. I have read carefully all your comments and I have read everywhere that the 2 year rule still applies (even married, and even having spent in Spain 1 year after the J1 completion). I have explained all my concerns to my lawyer, but he still insists on the same. I am so upset.
- Meanwhile, I applied myself for the waiver based on the No objection from the home country. The government who founded me said that they don't obligate researchers to go back to home countries, so I don't understand why this required is on my VISA. My Embassy sent the No Objection Letter on April 22th, but it doesn't appear on my case status in the waiver system...

Right now, I am waiting for the waiver division answer, and the USCIS answer (to my Lawyer's letter).

I am so nervous... Please, let me know what you think.
 
Hi vickialvarez22,

1) I'm pretty sure you do need a waiver, even though you got legally married to a US citzen. I've seen several cases like yours in this forum. Also, the marriage case is mentioned somewhere - I think it is in the DS 2019, on the back or something.
2) The 2 year HRR is not a requirement of your home country, but it is a regulation that you're subjected to because you came on a certain J1 Visa class to the US. My home country doesn't obligate us to go back either.
3) Apparently, NOS takes a while to be updated on the online database. Your case is recent, so I'd wait a bit more. BTW, can you see the other documents that you sent?

Of course I can't be sure, but you do have a chance, so try to be patient and don't get nervous.

Good luck!
 
Does your lawyer have any experience on J-1 waver? Not all immigration lawyers have experience on J-1 waiver case. I called many immigration lawyers and found that very few have experience on J-1 waiver in my state.

It was good that you got No Objection Letter from your funding agency (your home country government) and applied for J-1 waiver on your own. You did good. You still may look for immigration lawyers who did good job on J-1 waiver in past just in case.

I am a little bit surprised that you received work permit, although you have J1 waiver. Maybe they process I-485 and I-765 separately. (I-485 asks your 2 years requirement things.) So, in the GC interview, did the officer tell you that your work permit is not valid now?

I heard that waiting time for J-1 waiver process will not give you legal status. Check this thing with an immigration lawyer who knows J1 things. This could be relevant to you, especially if you do not receive the waiver result within 60 days for your Change of Status.

Hope that you get J1-waiver soon!
 
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