J-2 Adjustment of Status Question Help

[suicidalf6]

I came into the country with a J-2 visa with the 2 year rule back in 2000 when I was 13. I got married to a US citizen last year in May and I just filled for AOS (last week). I also just found out that I am not eligible for AOS because of the 2 year rule. My J-1 did compile with the 2 year agreement, but I could not live the country because I was in school. I have been trying to do research on the J visa waiver for the 2 year agreement and when I went to the Department of State website for the waiver they asked for J-1 to file for the waiver or they assume the person filling is the J-1, which is a problem for me because my J-1 is not even in the country he is back in my country so it makes no sense for him to file for the waiver. What am suppose to do? I am 23 now which means I am not really a J-2 because in order to be a J-2 you have to be 21 or less. I am still waiting for a reply from the USCIS for my application. Can anyone help me please because I am really confused and lost here. Thanks

 

[wedda]

I think you will need to file for a waiver of your too year hrr when you go in for am interview they
they ask you about it....... the uscis can denied you because you was subject to the 2yrs hrr and did not comply

 

[suicidalf6]

I think you will need to file for a waiver of your too year hrr when you go in for am interview they
they ask you about it....... the uscis can denied you because you was subject to the 2yrs hrr and did not comply

Thanks for the reply. I don't know whats is going to happen. I got my NOA's for I-130, I-131, I-485, and I-765. I also got my biometric appointment in April. I went ahead and applied for the waiver through USCIS using form I-612, I mailing it in tomorrow. Then I am gonna apply next week through DOS.

 

[Ruh]

You will definitely need the waiver for the interview. I am in the same situation, I applied for AOS even though I am subject to 2-YHRR. But I already filed for the waiver and if everything goes alright, I will have it before the interview.

In your case I would probably ask an attorney for advice. You usually can just get a 30 min consultation. Find an attorney who is a specialist in J1 waivers and find out if there is any way you can apply for the waiver without your J-1 partner. I would think that you should be able to file yourself. You could also call the Visa waiver office, the phone number is on DOS webpage. It takes forever to get through the menu, but you will be able to speak to a human being in the end. Make sure you have your case number, if you have one (you have one if you got the advisory opinion).

If you cannot file yourself, get your J-1 partner to file the waiver ASAP. You could even fill out the form (DS3035) online if you have the details of his/her DS2019(s). Then you could send him the pdf package via email, he can print it, sign and send it to the DOS (or back to you and you can send it in).

To win time: 1. You can reschedule your GC interview. You need a good excuse, but it will give you an additional 30 days. 2. If you haven't got the waiver for the interview they will probably give you another 30 days to get it. My attorney said she probably could talk them into an additional 30 days. But then you really need it or they'll deport you.

Quite frankly, attorneys are expensive but in your case I would totally consider getting an attorney to help you. Just to make sure that everything goes as fast and smoothly as possible. Think about how much money an time you would be wasting if you end up not having the waiver, your AOS gets denied, you have to leave the country and file again from the outside.

Good luck!