J-Visa: 2 year rule does not apply in my country

M

Maryonn1

Registered Users (C)
Hi concerned people, I came into the US 2 years ago on a J1, but on my visa is written that "The bearer is subject to 212(e), but 2 year rule does not hold in" my country. But checking the skill list for my country, my course of study is there. Here in the US I got married to a legal permanent resident (has green card). I want to file for my green card now, can I just file I-485 straight or do I still need the no-objection stuff to apply for I-130 before I can proceed to I-485? An additional problem is that my sponsor is not ready to give me the no-objection letter. Kindly advise, I still have up to one year period left on my D/S. Please, help!

Mary
 
What do you mean by "2 year rule does not hold in my country"

It's not your country that has a say in it. Your country can issue a no-objection letter which is needed if you are going the no-objection way.

You get 2 years rule not only because of skills list - if you sponsor is US government then it will be difficult to get a waiver.

Anyway, need more info about your situation...

You can file I-130 but it will be no use. The wait for GC spouses is very long. You are better off taking care of the waiver and waiting until your spouse becomes US Citizen. By no means overstay your J1 - you will not be able to get a waiver if you do. No waiver - no adjustment of status.
 
thanks nemu, fund from my scholarship came from outside united states. does this help at all?
Thanks
 
no, it doesn't help. What kind of organization did it come from? what is your HRR based on according to your DS-2019?
 
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