J-1 Waiver...South America

[Lulú80]

ADVICE PLEASE!!! J-1 Waiver-South America

I had a J-1 until May 2006 I had to come back to Bolivia because of the 212e requirement (skill list closure). I´m planning to go back to US as a tourist because my fiancé (who is a Permanent Resident) lives there and also to start the Waiver process (hopefully the officer at the entry will give me enough time) so I really need to know:
- If I don´t have enough time to stay in US, can I ask for an extension of my Tourist visa so I can keep with the waiver process??
- What would happen if I stay as an ilegal? would I be able to start/keep doing the waiver?
- Which reason can I use to start the waiver? could be that my country or US did not spend any money for my time as a trainee? or can I say that whatever I did in US can not be applied in my own country? or what would you suggest? because I´m sure just saying that I want to live with my fiancé is not a good reason, right?...I already looked and using a K visa is not possible either...
- If I apply for a waiver now and while the process is running I go to US, do you think the Officer in Miami would know that some how? if yes, do you think he wouldn´t let me enter to US?...
Thanks a lot!!!
LL

 

[NewReadyToHelp]

Don't worry!

To start he waiver process you need not be necessarily be in the US. You can do it online from any where, provided you have a proper ground to apply.

Not sure what you mean by the officer gives you enough time, unless you mean till the waiver process is through and you get a decision.

Applying and getting the waiver has nothing to do with being at the US.


Usually tourist visa are valid for three months, before expiration you can request an extension and they are quite easy to get provided you have a good reason (fiancée does not count).

One the waiver application is done you don’t have to be in the US.


If you stay illegal you would have destroyed all your chances of becoming legal here. I’m not sure why people always bring this as an option, it is insane and foolish. You’re already linked to a PR (fiancée) that you’ll marry later and you can become legal then (Just be patient).

Sine no US and your country money you should have an easy time getting a waiver. I think (check with your country embassy for how to proceed and get a letter of No-Objection from them) No-OBJECTION is the best route for you.

Absolutely not, If you have a visa from the US Embassy back in your country you should enter no problem.



In summary start your waiver application now and call your country for the letter of No Objection, your case should be easy.

 

[Lulú80]

Thank you very much for the reply!!!
Well actually I got the visa to go to US after Christmas! and the plan was to start the waiver process afterwards hopping to get it in 3 months or so...but maybe I will start the process now and while the process is running I will (have to) travel to US, in that way I can save some time...(I guess I can give my fiancée address?)...I mean, now that I know that the officer at the port entry wouldn´t know I´m in the middle of that process, then this seems to be the best way....or???
Are you sure the officer gives min. 3 months??

Thanks!!

LL

 

[NewReadyToHelp]

It is not the officer that gives you the three months, it should've been the US embassy or consulate, where you got the VISA stamped on your passport.


Anyways, just start your waiver, your case should be easy....

Thank you very much for the reply!!!
Well actually I got the visa to go to US after Christmas! and the plan was to start the waiver process afterwards hopping to get it in 3 months or so...but maybe I will start the process now and while the process is running I will (have to) travel to US, in that way I can save some time...(I guess I can give my fiancée address?)...I mean, now that I know that the officer at the port entry wouldn´t know I´m in the middle of that process, then this seems to be the best way....or???
Are you sure the officer gives min. 3 months??

Thanks!!

LL

 

[Lulú80]

Well our procedure is different ...I already have a 2 years tourist visa (until 2008)....but the time of stay in US is given by the officer at the port entry in Miami...so it is him the one who will decide it and that is why I´m afraid that he wont give me enough time to make the waiver (should be 12 weeks or so they say...) I think I´m not able to give my boyfriends address meanwhile because I gave a different address for my tourist visa, right? also because I think I have to take some digital fingerprints, etc and for that I would need to be close to the original address....or?
I´m also afraid that if I start the waiver now and some how it is accepted/done before I go to US, then the Officer knowing that, wont believe I want to go as a tourist and wont let me enter US or something like that...