Currently in 2nd year of 2YHRR, scheduled GC interview, will they waive the rest of the time?

V

vacuum

Registered Users (C)
After a denied No Objection waiver, I decided to go back home and complete the 2YHRR. Meanwhile, my husband filed I-130 for me, which was approved and next month I have my interview scheduled at the US consulate in my country. By then I will have about 8-9 months left of the 2 years. Has anyone heard of cases where they waive the rest of the time seeing that a good faith effort is being put to fulfill the requirement?
Thanks.
 
vacuum said:
After a denied No Objection waiver, I decided to go back home and complete the 2YHRR. Meanwhile, my husband filed I-130 for me, which was approved and next month I have my interview scheduled at the US consulate in my country. By then I will have about 8-9 months left of the 2 years. Has anyone heard of cases where they waive the rest of the time seeing that a good faith effort is being put to fulfill the requirement?
Thanks.
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I don't know about your kind of waiver. I think it is different than physician 2 YR HRR, correct.

Legally, you're not allowed to apply for H1 or GC until you meet the HRR obligation. They should straight deny based on this, sorry. I have seen people apply early and get GC early... but this is error by USCIS.
 
It was a no objection waiver, after 1 yr on USAID funded J1 (non-medical), 3 yrs on F-1 and 3 yrs on H-1B. And no, they will not deny it as they already know that I am in the process of completing the 2YHRR as it is in the application. It happens all the time. Plus, we called the consulate and were told that the immigrant visa will just be issued when I complete the 2 years.
I am posting here, because I have heard of cases when they have waived the remaining time but those were only few months and in my case it will still be substantial and wanted to know if there were cases like mine... We can put a pretty good case for family separation - married over 5 years, 3-yr old child, common property in the US and my working for a U.S. company.
 
vacuum said:
We talked to someone already and he doesn't know what they would do.
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To the best of my knowledge, No GC or H before you finish the 2 year with no waiver for the few months left. Your application either be rejected and you have to apply again after the 2 year or pending status will be extended toward the end of the 2 year. Go to the interview and see what will happen.
 
Thanks mmed. The interview is soon. We'll see what happens. I will post here after I'm done.
 
vacuum said:
After a denied No Objection waiver, I decided to go back home and complete the 2YHRR. Meanwhile, my husband filed I-130 for me, which was approved and next month I have my interview scheduled at the US consulate in my country. By then I will have about 8-9 months left of the 2 years. Has anyone heard of cases where they waive the rest of the time seeing that a good faith effort is being put to fulfill the requirement?
Thanks.
Click to expand...

Why was your J-1 waiver denied? Was it due to the fact you were USAID supported?

AP
 
Hi, my interview was yesterday and I was approved without any problems for the immigrant visa but the consul said that the remainder of the time on my 2YHRR could not be waived. So I have about 6 months left and when it gets close to the time when I will be done with it I need to call and arrange for mailing of my passport so they can put the immigrant visa in and mail it back to me. The good thing is that I did not have to present any excessive documentation of my stay in my country, passport stamps were sufficient and that counting the times when I had gone home for just a few days also was accepted. In my case, I spent another 7 years in the US on different visas before coming back to complete the 2 years. So any vacation and home visit prior to that, which amounted to about 2 and half months, were counted. I presented a spreadsheet with all the dates coming and leaving home and counting the months and days I spent there. You have to prove 730 days in total (but can be with interruptions). The problem is that I went back to the US while completing the 2 years and the time spent there had to be added to the total time home.

Otherwise, the interview went really easy, we have a good case after all being married for 5 years, having a child, owning a house and filing taxes together for that time. I wasn't asked for any photos and not many personal questions besides what we both worked and what I intended do when I got back to the US.
I hope this post was helpful for people with previous J-1 visas. Good luck to everyone!
 
vacuum said:
Hi, my interview was yesterday and I was approved without any problems for the immigrant visa but the consul said that the remainder of the time on my 2YHRR could not be waived. So I have about 6 months left and when it gets close to the time when I will be done with it I need to call and arrange for mailing of my passport so they can put the immigrant visa in and mail it back to me. The good thing is that I did not have to present any excessive documentation of my stay in my country, passport stamps were sufficient and that counting the times when I had gone home for just a few days also was accepted. In my case, I spent another 7 years in the US on different visas before coming back to complete the 2 years. So any vacation and home visit prior to that, which amounted to about 2 and half months, were counted. I presented a spreadsheet with all the dates coming and leaving home and counting the months and days I spent there. You have to prove 730 days in total (but can be with interruptions). The problem is that I went back to the US while completing the 2 years and the time spent there had to be added to the total time home.

Otherwise, the interview went really easy, we have a good case after all being married for 5 years, having a child, owning a house and filing taxes together for that time. I wasn't asked for any photos and not many personal questions besides what we both worked and what I intended do when I got back to the US.
I hope this post was helpful for people with previous J-1 visas. Good luck to everyone!
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Thanks for the update. This is useful information. I have two questions:

How long did it take for your immigrant visa process (from the day of applying for I-130 and I-485).

Also, someone I know has been here for three consecutive years on J-1 but has gone back each year (in between two successive appointments) for a period of 2-3 months to reapply for a new J-1 visa. Can those days spent in India be counted towards the 2 Yr HRR?

AP
 
First question - here is my timeline:
2000 J-1
2001 F1 visa at consulate
5/22/2003 Marriage
01/2004 H-1B status change in the US
11/2006 Filed for No objection waiver
02/2007 Waiver denied
09/2007 Left the US to complete 2YHRR
06/11/08 I-130 Sent
06/15/08 I-130 NOA1
08/05/08 I-130 Approved
08/18/08 Received DS-3032 / I-864 Bill
08/21/08 Pay I-864 Bill
08/22/08 Returned Completed DS-3032
08/22/08 Emailed Completed DS-3032 and received autoreply
08/30/08 Received IV Bill and Received I-864 Package
09/09/08 IV PAYMENT ONLINE
09/30/08 SENT COMPLETED I-864
10/03/08 SENT COMPLETED DS-230
11/26/08 Case Completed at NVC
???? NVC Left
???? Consulate Received
01/21/2009 Interview Date - approved for visa, visa pending completion of J-1 2YHRR
???? Visa Received
???? US Entry

Everyone I have talked about, has confirmed that any time spent in you home country should be counted. They want proof of 730 days in total and those can be with interruptions. I am not sure if in this case the person has had 3 J-1 visas, that would mean that he/she is subject to 3 2YHRR.
 
vacuum said:
First question - here is my timeline:
2000 J-1
2001 F1 visa at consulate
5/22/2003 Marriage
01/2004 H-1B status change in the US
11/2006 Filed for No objection waiver
02/2007 Waiver denied
09/2007 Left the US to complete 2YHRR
06/11/08 I-130 Sent
06/15/08 I-130 NOA1
08/05/08 I-130 Approved
08/18/08 Received DS-3032 / I-864 Bill
08/21/08 Pay I-864 Bill
08/22/08 Returned Completed DS-3032
08/22/08 Emailed Completed DS-3032 and received autoreply
08/30/08 Received IV Bill and Received I-864 Package
09/09/08 IV PAYMENT ONLINE
09/30/08 SENT COMPLETED I-864
10/03/08 SENT COMPLETED DS-230
11/26/08 Case Completed at NVC
???? NVC Left
???? Consulate Received
01/21/2009 Interview Date - approved for visa, visa pending completion of J-1 2YHRR
???? Visa Received
???? US Entry

Everyone I have talked about, has confirmed that any time spent in you home country should be counted. They want proof of 730 days in total and those can be with interruptions. I am not sure if in this case the person has had 3 J-1 visas, that would mean that he/she is subject to 3 2YHRR.
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That's not accurate - the waiver is obtained for every J-1 program - she came here three times, yes, obtaining a new visa each time but each time it was for the same program - the visa status was the same each time just that she had to get a new stamp for re-entry each time. The J-1 program allows up to five years of stay in the country on the same program.

AP
 
tabaliya said:
That's not accurate - the waiver is obtained for every J-1 program - she came here three times, yes, obtaining a new visa each time but each time it was for the same program - the visa status was the same each time just that she had to get a new stamp for re-entry each time. The J-1 program allows up to five years of stay in the country on the same program.

AP
Click to expand...

The three 2YR HRRs would apply if in the first, second and third years you came here on "different" J-1 programs - e.g. Yr I was to teach, Yr 2 was to do research and Yr 3 was to be a student or something like that. In her case the three years were merely a continuation of the same J-1 program (to teach in the School of Music). The J-1 program lets you come here for a total period of up to five years (previously it used to be three years).

There is also a common misconception that this requires three separate waivers but that is not the case as we found out. The waiver needs to be applied once "per program" IN her case it was always only one and the same program each time.

AP
 
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