How fast do I get to work after getting married to US citizen?

[Jesse007]

hi,
I have a question.
I was on a J-1 Visa with a 2 years home residency requirement. Now, I change my visa to F-1 student visa.
and I havent fulfilled the two years requirement yet. However, i'm marrying my fiance who is a US citizen.

1. How fast do I get to work after married to her? or do I have to wait till my 2 years HRR is waived?
2.Is there any chance that my 2 years HRR be waived?

 

[Lazhy]

hi,
I have a question.
I was on a J-1 Visa with a 2 years home residency requirement. Now, I change my visa to F-1 student visa.
and I havent fulfilled the two years requirement yet. However, i'm marrying my fiance who is a US citizen.

1. How fast do I get to work after married to her? or do I have to wait till my 2 years HRR is waived?
2.Is there any chance that my 2 years HRR be waived?

Hey,

Are you sure you have 2 years HRR? If you did have, how were you able to change your visa to F1?
If you wanna apply for a 2 years HRR waiver, I suggest to send a personal message to the September 2011 thread member; hy2934. He applied for that concurrently with his AOS, and it got approved. You can follow his thread from here:
http://forums.immigration.com/showthread.php?544531-September-2011-Filers

Good luck.

 

[Jackolantern]

Before you apply for adjustment of status or have a consular interview, you must either get the 2-year requirement waived, or go to your home country to complete the 2 years. A large percentage of waiver applications are successful, especially if the home country did not finance the J-1 studies or work arrangement.

Once that is taken care of and you apply for adjustment of status and employment authorization, permission to work is normally issued within 90 days.

 

[Jesse007]

please reply

Hey,

Are you sure you have 2 years HRR? If you did have, how were you able to change your visa to F1?
If you wanna apply for a 2 years HRR waiver, I suggest to send a personal message to the September 2011 thread member; hy2934. He applied for that concurrently with his AOS, and it got approved. You can follow his thread from here

Good luck.

---------
thanks you for your response. after my exchange student program was completed, I went back to my country for a month and I applied for F1 student visa. I still havent completed the two years requirement yet.
On my DS 2019, it says: the exchange visitor subject to :
A. Government financing and/Or ( they checked this column only)
Based on your question to me, does it mean J1 visa with 2 years HRR after they went home and havent completed a 2 years HRR, they cant come back yet even if they change to F1 student like me?

 

[BigJoe5]

Hey,

Are you sure you have 2 years HRR? If you did have, how were you able to change your visa to F1?
If you wanna apply for a 2 years HRR waiver, I suggest to send a personal message to the September 2011 thread member; hy2934. He applied for that concurrently with his AOS, and it got approved. You can follow his thread from here:
http://forums.immigration.com/showthread.php?544531-September-2011-Filers

Good luck.

The 2 yr HRR for J visa holders blocks change of status to H-1B and L non-immigrant visas and blocks adjustment of status to Immigrant (LPR) status UNLESS the2 yr HRR is completed or waived.

Most F-1s must wait one full academic year in order to get work authorization via the student visa. The student "hardship" application is not subject to the waiting period BUT it is harder to get. In addition, financial hardship is a negative factor for the AOS in general.

 

[hy2934]

Bt99MH

---------
thanks you for your response. after my exchange student program was completed, I went back to my country for a month and I applied for F1 student visa. I still havent completed the two years requirement yet.
On my DS 2019, it says: the exchange visitor subject to :
A. Government financing and/Or ( they checked this column only)
Based on your question to me, does it mean J1 visa with 2 years HRR after they went home and havent completed a 2 years HRR, they cant come back yet even if they change to F1 student like me?

Hi Jesse007,

As Lazhy said, I too applied for J-1 waiver and AOS. However, there was some time gap between my two applications/paperwork. From what you wrote above, it's for sure that you are subject to 2-yr residency requirement. Regarding being able to come back, 2 yr residency requirement clearly states that you can still obtain non-immigrants visa (like F-1, B-1, etc.) and come to US. Its just that you cannot change your status to immigrant visa (like green card) without either fulfilling the requirement or getting a waiver.
Now regarding the waiver part, did your home country government provide any funding/scholarship, or any other financial assistance for your J-1 studies? If not, then the best bet for you will be to apply for a J-1 waiver on the basis of "No Objection" from your home country's government. Otherwise, it'll be hard to get J-1 waiver. In that case, your other option might be to apply for "hardship waiver".

Let me know which one of the two possibilities mentioned above holds true in your case, and I might be able to offer any help whatsoever.

 

[Jesse007]

help me

Before you apply for adjustment of status or have a consular interview, you must either get the 2-year requirement waived, or go to your home country to complete the 2 years. A large percentage of waiver applications are successful, especially if the home country did not finance the J-1 studies or work arrangement.

Once that is taken care of and you apply for adjustment of status and employment authorization, permission to work is normally issued within 90 days.

----------------
thanks for your answer.
so once we get married:
1. Do I have to take 12 credit still to remain " in status"?
2. should I wait till I get a waiver before getting married? we plan to married in December 12 2011

 

[Jesse007]

help me

Hi Jesse007,

As Lazhy said, I too applied for J-1 waiver and AOS. However, there was some time gap between my two applications/paperwork. From what you wrote above, it's for sure that you are subject to 2-yr residency requirement. Regarding being able to come back, 2 yr residency requirement clearly states that you can still obtain non-immigrants visa (like F-1, B-1, etc.) and come to US. Its just that you cannot change your status to immigrant visa (like green card) without either fulfilling the requirement or getting a waiver.
Now regarding the waiver part, did your home country government provide any funding/scholarship, or any other financial assistance for your J-1 studies? If not, then the best bet for you will be to apply for a J-1 waiver on the basis of "No Objection" from your home country's government. Otherwise, it'll be hard to get J-1 waiver. In that case, your other option might be to apply for "hardship waiver".

Let me know which one of the two possibilities mentioned above holds true in your case, and I might be able to offer any help whatsoever.

----------------
On the DS-2019 forms number 5 it said that " During the period coverd by this form: the total estimaited financial support is to be provided to the exchange visitor by: The Binational Commission of the Exchange Visitor's Country. "

I emailed to <FMJVisas@state.gov>, and they responded me that:
"Per the information you have provided, your program is apparently being sponsored by a group of organizations (2 or more) within your home country."

so, what would you suggest me doing?

** I think my country wouldnt have any problem for me to come and live in the US because I was on exchange student for high school only not like I was a doctor training or sth like that.
if it's possible, could you please give me your email?
I really glad to find someone that have crossed my situation now

 

[BigJoe5]

----------------
thanks for your answer.
so once we get married:
1. Do I have to take 12 credit still to remain " in status"?
2. should I wait till I get a waiver before getting married? we plan to married in December 12 2011

The marriage itself does not mean anything UNTIL you seek an immigration benefit based on it. Marriage has no real effect on the 2 yr HRR UNLESS claiming "Exceptional Hardship" to the USC spouse as the basis for a waiver. That would seem to be a weak case for you at this point in that you are not yet married or employed.

SEE: http://travel.state.gov/pdf/J_WaiverFAQ21-DEC-06.pdf

 

[Jackolantern]

----------------
thanks for your answer.
so once we get married:
1. Do I have to take 12 credit still to remain " in status"?

Married or not, you will have to keep taking 12 credits* each semester to keep your F-1 status until you apply for adjustment of status or switch to another status that doesn't require studying. But your ability to change status is restricted by the 2-year HRR.

2. should I wait till I get a waiver before getting married? we plan to married in December 12 2011

Depends on what you would do if the waiver fails. If you can't get the waiver, are you willing to spend 2 years in your home country while being married (either bring your spouse with you or live apart for 2 years)? Or would you prefer to delay the marriage until you complete the 2 years and are able to live together again in the US? Or would you end the relationship because you can't tolerate the 2 year separation?


*apart from the allowable exceptions like the summer break or your last semester leading to graduation, when you are allowed to study a lighter course load.