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DV2006 and J1 visa

A

afraid

Registered Users (C)
I won the Dv2006 and I am in the atates with a J1 Visa.
So far I understod that I have to apply for a waiver to change my visa and after that the AOS.

What is not clear jet is what documents will I need for the waiver
How long will this waiver take and can I apply for AOS together with the waiver or not.

What will happen after this waiver and AOS?
I have to adjust my statusjust like "Boris" and then what?
Wait?
When should I pay the $375 fee for processing my case?
And should I send some documents beside the dsp120 and dsp122 part 1 and 2?

If you are in my situation or were in my situation please let me know what should I do.
CN is 4xxx

If my waiver will be ready just in January will they call me in December for an interviu? Or no chance?

What should I do and which are my chances?
I really don't want to lose this opportunity.
And I do not want to do something wrong (the steps I should follow)

If I asked for adjustment of status the Uscis will process my case. When will I know and will I know when will be my interviu?
Is it possible to be in December?
Who can tell me this?

Please help me if you can.

Thank you!
 
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i am not familiar with J1 situation, i can answer only on 1 question :
>What will happen after this waiver and AOS?> they will send you Green Card by mail within month or so.
ask LucyMo about other questions. good luck,
boris.
 
Even if my adjustment of status will be ready next year in May?
Or later?
Can I be sure that I will gat this Green Card?
Or there is still a risk if I do not process these documents very soon and very quick?

Thank you
 
Hi afraid,

I was in your situation. I applied for a waiver. You need to apply for a waiver to the Department of State. Go to http://travel.state.gov/jvw.html. The Department of State sends an advisory opinion to CIS and CIS makes the final decision. But as far as I know CIS generally follows the advisory opinion. I started the process in June 2004 and got the approval notice in February 2005. I think this was exceptionally long, in essence I went through the whole process twice, because the State Department misspelled my name. So for a smooth process maybe you can calculate 3-4 months. I printed everything that was related to the J1 waiver process from the website and read everthing several times. I don't think it would be good practice for you to rely on possibly sketchy descriptions of the process from me or someone else. But still I am happy to answer your questions about the forms or other related things. The cost was $230. There is one important thing: if you got financing from the US government for the studies for which you have the 2 years requirement, the State Department is unlikely to give a favorable opinion. Such financing includes but is not restricted to Fulbright scholarships or USAID money. I got financing from the university, and that was fine. Start the process ASAP. One thing is sure you cannot get GC approval without the waiver. Although I am not sure whether you can complete the steps (fingerprinting, biometrics, interview) leading up to the approval. Good Luck. Vermedve
 
Can you tell me exactly what documents do I need to apply for the waiver?
And if my waiver will be ready just in febr or march? I know I still need to apply for AOS but can I still get the GC?

I know that the waiver will cost me $265 but I am still not sure if I can fill it out on the internet or I have to go to the local USCIS office.


You received the Waiver in February and after thet the AOS and after that ?
When did you get the GC?
Can you write me exactly what will follow after the waiver?
Can I ask for AOS in the same time with the waiver?

Thank you for your help.
felek
 
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did you research the link Vermedve provided for you? if not, you must. You will get the answers to most of your questions there.

There is also a subforum on this forum devoted to J-1.

AFTER you get your waiver, you will be able to apply for AOS. How long it will take you to get a waiver, depends on
1) the type of waiver you are applying for
2) whether your embassy will issue you a no-objection letter and how quickly
3) how quickly you can get all the documents ready for your embassy and Department of state
4) how quickly DOS will process your waiver
5) a bunch of other unknown factors.

When you get called in for AOS interview depends on how high your case number is for DV lottery.
 
waiver

tHE TYPE OF WAIVER I AM APPLYING FOR?
I am not sure: they told me that I need to fill out the I 612 and I am still waiting for some documents from my country that I did not came here with the help of my goverment.
I heared that I need to sent this doc to my countries embassy here in USA to receive from them the "NO OBJECTION LETTER". What I am not sure of is what other doc or request do I need to send them.
Please answer me ASAP because I have the filling that I am running out of time.

I read several times the steps you took but not everithing is clear.
Like:

HRR WAIVER
What is DOS?
I 130 BY TSC??

tHEY TOLD ME FROM THE uscis THAT FIRST i NEED TO APPLY FOR WAIVER AND AFTER THEY APROVE THIS I CAN APPLY FOR AOS(ADJUSTMENT OF STATUS)
wHEN I APPLY FOR AOS I READ THAT I NEED TO COMPLETE THE I 485 AND THE I130 , PETITION FOR ALIEN RELATIVE(but my husband is not here with me , he is in our country of birth)


The documents I need for the waiver will be in my hand next week . The doc I need to send to my countries embassy. Do I need to submit a request or some other documents to obtain that "No objection paper"?
After I have the paper from my countries embassy should I go personally to the local USCIS office? And what other paper I need?
I understood from the I612 form that I need the following documents:
- Form I94- i NEED TO SEND THE ORRIGINAL?
- Arrival -departure record ( I DO NOT KNOW WHAT THAT IS )
dO I NEED TO SEND A PICTURE WITH MYSELF?
wHAT ELSE?
aM I RIGHT?
dID i UNDERSTOOD OK?

I AM AFRAID THAT I STARTED THIS PROCESS TO LATE.

aNOTHER QUESTION:
wHEN WILL I HAVE THE INTERVIU? OR WHEN WILL I KNOW?

PLEASE CLARIFY ME WITH THE WAIVER , BECAUSE THIS IS THE MOST IMPORTANT KNOW IS TO GET THE "NO OBJECTION" LETTER FROM MY COUNTRIES EMBASSY.
pLEASE LET ME KNOW WHAT DOCUMENTS I NEED TO SEND THEM

THANK YOU FOR YOUR HELP AND SUPPORT.

FISH
 
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ok

I will have the doc for my countries embassy but I don't understand what is with the department of state(DOS).

Please clear me with this matter.
I know that I am a little late with the doc but I do have to do this.
So, were do I send the doc for the "NO OBJ LETTER". tO MY COUNTRIES EMBASSY HERE IN THE STATES OR TO THE DOS(what is that exactly?)

Another important issue:
You applied for AOS before you had the WAIVER?
Can I apply for AOS before the WAIVER will be aproved?
Please please write me as soon as you can.

And thank you for your time and advise and help.

fish
 
Hi afraid,

HRR: Home Residency Requirement
DOS: Department of State
What documents you need for the waiver depends on your country. I called the embassy and asked them what they need. They only wanted a money order. Your country might also need other things. The embassy should send the no objection letter the Department of State and a copy of the letter to you. So you only send the other required docs to the DOS, the No Objection Letter should go from the embassy directly to the DOS. Based on the No Objection Letter and maybe some other checks the DOS makes a recommendation to USCIS. Then the USCIS makes a final decision and mails a notice to you. You will have no interview for the waiver. You will have an interview after you started the AOS. When you have your interview also depends on your case number. Only numbers below cut-off will be processed. I strongly suspected that you need the approved waiver first and then you can apply for AOS. This is what USCIS in Indiana wanted from me. Procedures migh slightly vary from state to state. I only applied for AOS after my waiver was approved. And this is what USCIS told you. I think I94 is the arrival departure record. You just send a copy. I don't think you are too late, but of course, you can never be early. Start the waiver application and bring together all the docs you need for the AOS. I think I gave you the approximate timeline of my case. I was far behind you at this time and still I made it. So don't worry, you have time, be on top of your case and you will make it. Vermedve
 
HI VERMEDVE,
THANK YOU AGAIN FOR YOUR HELP.


I am from Romania and what I still don't understand is where do I need to send the doc from my country to get this "NO OBJECTION LETTER". aND i STILL DON'T KNOW WHAT IS THE
DEPARTMENT OF STATE

nOW IT IS CLEAR THAT IS DIFFERENT FROM THE uscis.
In the instructions it says to send the application to:
uscis TEXAS SERVICE CENTER and I need to submit my temporary entry permit form I94(I know what that is ) and Arrival Departure Record (which I have no idea what it is)
I the USCIS and they told me I need to apply for WAIVER ASAP.
But can I apply before I have this "NO OBJ LETTER"?

thank you for being around and helping
AFRAID
Can I ask you where are you from?
Are you hungarian?

I have no idea what to answer to question 5:
I am applying for a waiver of the foreign residence requirement on the ground that:(Check appropriate boxes):
A .My departure from the US would impose exceptional hardship on my US citizen or lawful mpermanent residant spouse or child
B. I cannot return to the country of my nationality or last foreign residence because I would be subject to persecution on account of race , religion or political opinion.

Either a or B are no good answers.
What should I check? A or B?
 
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Hi afraid,

The Department of State is a Ministry I think largely responsible for foreign affairs. USCIS is the agency responsible for immigration issues. These are separate entities. You get the no objection letter from the Embassy of Romania. Have you called them to see what they need to issue the No Objection Letter? I would call them and tell them that you need the No Objection Letter sent to the Department of State and to you ASAP. I think they will know what to do because this will not be the first No Objection Statement they issue. I just checked the form I had to fill in and in part 5 I had exceptional hardship, persecution, interested gov. agency and NO OBJECTION STATEMENT, state health agency request. Also I checked the current version of the form: http://travel.state.gov/pdf/ds3035.pdf and it also has the No Objection Statement as a choice. I think you might look at the wrong form because this needs to be sent to DOS, they have the exact address on the form, not to the Texas service center. I think it's always best to go to travel.state.gov and download the documents from there, because it makes sure that you use the current version. I also called USCIS with questions about the waiver process and figured that most of the guys I talked to had no idea, they gave me contradictory and sometimes false info. Don't rely on them. Yes, I am Hungarian. Are you studying? If yes, your university might have an office for international students, they were of immense help to me throughout the visa waiver and AOS process. Still, just let me know if you have questions. I would really urge you to contact the Romanian Embassy and push them to prepare and send the No Objection Statement ASAP. Also, fill in and submit the form I gave you the link for to DOS. They will make their advisory opinion as soon as they have the No Objection Statement from the embassy, your form and the payment. Now you can also check your case status online and see when they get the letter. There is only one thing that bothers me, it looks like the processing fee is lower this year $215 than when I applied ($230), but I could not find any other version of the waiver form, so I assume that they only keep the current version online. Check out the Frequently Asked Questions at http://travel.state.gov/visa/temp/info/info_1294.html#types. It has much useful info, eg they don't accept personal checks, what you need to write on the money order and so on.
Best, Vermedve



Check this out:
http://travel.state.gov/visa/temp/info/info_1296.html

Also, now it is possible to fill in your application online, but you still need to print it and mail it to DOS. The good thing is that they say that the barcode they generate during the process will speed up the processing:
https://j1visawaiverrecommendation.state.gov/
 
A complete list of things to submit to DOS: form, payment, statement of reason, copies of all DS-2019 or IAP-66s. But please don't rely just on info from me or anybody else on forums, because we might make a mistakes. Vermedve
 
OK, things are coming back slowly to me after checking my folders. First, I just sent the waiver application and the payment to DOS. Then, I received a letter from DOS giving me a 6 digit case number. In this letter they asked me to send them the copies of all DS-2019 or IAP-66s and a statement regarding the reasons why I don't want to fulfill the two years home residency requirement. Then they instructed me to tell the embassy that the No Objection letter should include the six digit case number, Hungary, No Objection on the lower right of the envelope the embassy sends the letter in. This means that the embassy can issue the statement only after you get the case number from DOS. I am sorry, about giving this info in a somewhat confused manner. I had to check my two folders for everything to come back to me. This again shows the importance of doublechecking any info you might get on a forum. Best, Vermedve
 
:confused: Why did the lady from the USCIS told me about the waiver
I 612 and I have seen other form for the Waiver : like I 3035 or something?

Now I really confused . Again.



What do you think?
 
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Hi, no problem. I was helped by countless number of people. If I were you I would do Consular Processing in Romania. It's an easier more transparent process in my opinion. You could do consular processing with your husband in Romania. You still need the waiver. I don't know why the lady from USCIS told you what she did. As I mentioned I got info from USCIS that proved to be misleading and in two cases wrong. This does not mean they are always wrong, but they don't deal with lottery cases that often, so not all of them are very knowledgable about it. If you want I can send you my email address so that we can communicate more easily. Vermedve
 
because USCIS processes waivers based on hardship and persecution, and the application process for those is different (form I-612). It does not concern you.

You are applying for the no-objection waiver. And now, everything is done online. DO READ THE RULES ON http://travel.state.gov/visa/temp/info/info_1296.html.

Do call your embassy and ask what they need from you for a no-objection letter.
 
IAP-66 is the old version of DS-2019. If you arrived this year you don't have IAP-66, but I think you should have DS-2019. Do you have a chance to print all those things we referred to? Please do print them read them and if something is not clear just ask. But you need to read everything yourself. It's a lot of time and work but worth it. What about Consular Processing in your country? Also, are you sure you have the two years home residency requirement? You did not receive government financing. The other reason why you might have the two years requirement is that your profession/education is on the skill list of your country. In principle you can ask for an advisory opinion from DOS to be sure that you do have the requirement and that you do have to start the waiver process. I don't know how long the advisory process takes though and what the procedures are. I know it is described at travel.state.gov. Vermedve
 
Thank you very much.
I read on my countries embassy site exactly what documents I need to apply for the waiver.
Maybe you are rightwith the processing from Romania but I am afraid to go home.
I hope things will turn to be better.
My e-mail address is fish76fish@yahoo.com.
You can write me there too.
Thank you again .
I almost have the documents I need for the Romania Embassy now all I have to do is to pay the fee for the waiver and then send the other doc + the waiver registration number to the embassy.
Thanks
 
Hi afraid,

First, I chose consular processing (CP) and later switched to AOS, because I was not able to go home because I was teaching. But otherwise I would certainly have done CP. This switch complicated the process, so might be one reason why I had so much frustration. I wish you to have a short and smooth process. Will your husband do CP in Romania? I think I haven't read about cases where the principal applicant and the dependent chose two different processes (AOS and CP). I hope some other forum members have some input on this. I would call KCC to ask them whether this is possible. Vermedve
 
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