J-1 student to marry USC in September; seeking waiver.

tommyj84

New Member
I am an Irish citizen on a J-1 visa subject to the 212E home residency requirement. I am coming to the end of my third year in the U.S. My visa expires in June. I am engaged to a U.S. citizenand have set a date for September 2011 and would like to know if I will be able to apply for a readjustment of status by then. I have employment prospects in the U.S. but these depend on the home residency requirement being waived.

Can anyone advise if these conditions (marriage, employment) have a positive bearing when applying for the waiver, and of so what is the best way to present this, documentation from my fiancee's family, contract offer from my employer?

It would be great to hear from someone who has had, or known of, a similar situation.

Thanks for reading and helping out!
 
I'm still waiting for my J-1 Hardship Waiver which was filed in the end of 2008.

My situation is:
1. got married to a USC in the fall of 2008.
2. my husband filed I-130 for me and got approved.
3. in the end of 2008, I filed I-612 and DS-3035 (J-1 Hardship Waiver) for the 2 year homeland residency.

We didn't hire any lawyer. We called USCIS and DoS every now and then. We went to InfoPass. We got interview appointment about I-612, and we were interviewed in the local USCIS Office. We got letters and emails sometimes, answering our inquiries, saying the case is in proccess, telling us if there is no result we can call them again after 60 days, which we did. So many 60 days passed, and still no result.

Amy
 
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I'm still waiting for my J-1 Hardship Waiver which was filed in the end of 2008.

My situation is:
1. got married to a USC in the fall of 2008.
2. my husband filed I-130 for me and got approved.
3. in the end of 2008, I filed I-612 and DS-3035 (J-1 Hardship Waiver) for the 2 year homeland residency.

We didn't hire any lawyer. We called USCIS and DoS every now and then. We went to InfoPass. We got interview appointment about I-612, and we were interviewed in the local USCIS Office. We got letters and emails sometimes, answering our inquiries, saying the case is in proccess, telling us if there is no result we can call them again after 60 days, which we did. So many 60 days passed, and still no result.

Amy

USCIS has to wait for the DOS response even if USCIS wants to grant it.
 
I am an Irish citizen on a J-1 visa subject to the 212E home residency requirement. I am coming to the end of my third year in the U.S. My visa expires in June. I am engaged to a U.S. citizenand have set a date for September 2011 and would like to know if I will be able to apply for a readjustment of status by then. I have employment prospects in the U.S. but these depend on the home residency requirement being waived.

Can anyone advise if these conditions (marriage, employment) have a positive bearing when applying for the waiver, and of so what is the best way to present this, documentation from my fiancee's family, contract offer from my employer?

It would be great to hear from someone who has had, or known of, a similar situation.

Thanks for reading and helping out!

Check out some examples....
 
Thank you, BigJoe5.
The link of I-612 AAO Decisions... is very useful to me. If I cannot get the approval, I will go to AAO.
Amy
 
Thanks for the input.
I realize that getting the waiver approved through the Hardship clause would be almost impossible. I had always planned to apply with A No Objection Statement. COuld anyone provide information on this process? Perhaps someone has information on previous NOS cases.
This would be a great help.
Thanks,
Tom
 
U.S Citizen marrying a j1 student

Hi,

I have a question and would very much appreciate your help.

I'm a U.S citizen and my wife (we married on Jan 2011) has a J1 visa (subject to two year requirement). We are planning to get a waiver based on no objection from her home country (brazil). My plan is to get the waiver for her and after that apply for GC.

My questions are:
1. Should we indicate on the statement of reason to DOS that she is married to a U.S citizen?
2. Would USCIS reject her NOS application and ask her to apply thru hardship? (very difficult to get a waiver based on this)

Thank you in advance.
 
Hi! Thank you, guys.
My J-1 hardship waiver was approved after two and half years waiting.
Thank you, immigrationnut. I got information from you about Ombudsman, and my husband wrote to them. They helped us. My husband and I thank you very much.
 
Hi! Thank you, guys.
My J-1 hardship waiver was approved after two and half years waiting.
Thank you, immigrationnut. I got information from you about Ombudsman, and my husband wrote to them. They helped us. My husband and I thank you very much.

Hi Amy,

Congraturation to you and your husband!
 
Thanks, ketten3.
You're so great here helping others and providing information. A cadle loses nothing by lightening another cadle.
Amy
 
It's unjust that the 2-year HRR even apply to the spouse of a US citizen. How is it possible that marriage to a US citizen is enough to grant a green card to someone who commits the crime of immigrating to the US illegally but is not enough to allow for the granting of a green card to a J-1 visa holder?! Please see my other thread and share your story there. Our state Senator's office is working with us on a bill that may change this!
 
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