J1, 212 (e) and marriage

G

Glorya

Registered Users (C)
Hello,

I need urgent advice if possible. I am an au-pair, working on J-1 visa.
I have a boyfriend (American citizen) and we want to get married.
Today I went to maker my drivers license and I went through my visa and passport and I realized that I am subject to 212 (e) HRR.
I am so worried now cause it says that it cannot be waived by the act of marriage.
What kind of legal advice do u suggest since we love each other and we want to get married.

Thank you,

Glorija
 
Love and 2Y HRR

Glorija:
There are only two ways for you. Persons who are subject to 2Y HRR remain so until they either have (i) resided and been physically present for a total of two years in either your country of nationality or your country of legal permanent residence, or (ii) obtained waiver of the requirement (a J-1 waiver) under one of the five grounds provided by the Immigration and Nationality Act (INA).
Specifically for your situation:
1. Marriage to a U.S. citizen does not, in any way, release someone from the 2Y HRR.
2. If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or her status to that of H, L, K (U.S. citizens' fiancés/spouses), or immigrant lawful permanent resident ('Green Card') … (http://travel.state.gov/visa/temp/types/types_1267.html).
3. Q. My friend told me that if I marry a U.S. citizen, then I can get a green card and stay with my spouse. In other words, I would no longer be subject.
A. Your friend is mistaken. Marriage to a U.S. citizen has no effect on the requirement.
Q. But then the U.S. government is forcing a family to separate.
A. What keeps your spouse from going with you to your country?
(http://internationalaffairs.uchicago.edu/2-year.html)
Unfortunately love is not an important argument in this context. Bad story. Sorry …
 
Thanks for the prompt answer. Now I have other question.
When I obtained my visa, nobody warned me about this requirement.
My original plan was to study here after I finish my year as an au-pair.
I guess the only thing I can do now is to apply for a waiver.
Do u have any experience with this or do u know who could advise me.

Thank u very much,

Glorija
 
More info please

Glorya said:
When I obtained my visa, nobody warned me about this requirement.
Click to expand...
Your J-1 visa was issued based on the form DS-2019 (formerly IAP-66). This form warned you about 2Y HRR and this form should be signed by you. Read again this form.

Glorya said:
I guess the only thing I can do now is to apply for a waiver.
Do u have any experience with this or do u know who could advise me.
Click to expand...
Yes I have as well as many participants of this forum. Please read this forum and you will find a lot of useful information for you. Could you please also provide more information on your J-1 status? Why are you subject to INA 212(e) 2Y HRR? Did you receive US government funds, funds from home country government etc? Who is your sponsor?
 
Hi, thanks again...
I don't know why they applied this rule in my case.
I haven't been sponsored by any government, my sponsor is au-pair agency.
I went to Croatian consulate yesterday and they gave me list of paperwork necessary to apply for waiver.
They told me that usually Croatian students get 212 on their visa and that it's pretty simple to get a waiver.
Is that true?
 
since when Au-pairs are subject to HRR?

Get an advisory opinion first. You are most likely not a subject, unless Au-pairs are on the skills list for Croatia, which I don't think they are.

Do check the skills list on Department of State website, do check your DS-2019 to see what is listed as the reason for your HRR, and get an advisory opinion (you will find how to do it in FAQ section of the waivers' section on DOS website).
 
More questions

Hi Lucy,

I checked my DS-2019 and Vice Consul that did interview with me wrote a reccomendation that I shouldn't be subjected to 212 (e) but State Department gave it to me anyways.
Last week, I've sent request for advisory opinion and I guess I can only wait now.
I talked to Croatian Embassy in Washington DC and they say that I need "Letter of intention" together with other papers.
That should explain my future plans about staying in the US.
Do u know how official that needs to be?

Thanks again

Glorija

P.S. This is all so confuzing...
 
Any Update?

My Wife Is In The Same Situation, We Have Applied For I-612 & Ds-3035. Any Update As To Your Situation That May Be Of Help To Ours? Good Luck In Your Case!!!
 
I'm in a similar situation. I was on J1 as a Fulbrighter for two years (master's program) then switched to F1 for three years (different university, PhD program, 2 year HRR not yet complited). I got married to a USC, suspended my PhD program, and returned to my home country to take care of my parents. I have no intention to immigrate to the US but would like to visit my USC spouse using B2 visa, my questions are:

1. Can I get a B2 visa to visit my spouse for 4 months even when the 2 year HRR has not yet completed and now that I'm married to a USC?
2. What kind of documents do I need to bring to the US consulate to prove that I have no intention to immigrate? (Just to ellaborate, after my marriage, we haven't submitted I-130 and other immigration forms)
3. While on F1, I went back and forth between the US and my home country over the summer. Does the time spent at home (the length varies from 20 days to 92 days) count toward the 2 year HRR?

Thanks.
 
pdkag said:
I'm in a similar situation. I was on J1 as a Fulbrighter for two years (master's program) then switched to F1 for three years (different university, PhD program, 2 year HRR not yet complited). I got married to a USC, suspended my PhD program, and returned to my home country to take care of my parents. I have no intention to immigrate to the US but would like to visit my USC spouse using B2 visa, my questions are:

1. Can I get a B2 visa to visit my spouse for 4 months even when the 2 year HRR has not yet completed and now that I'm married to a USC?
2. What kind of documents do I need to bring to the US consulate to prove that I have no intention to immigrate? (Just to ellaborate, after my marriage, we haven't submitted I-130 and other immigration forms)
3. While on F1, I went back and forth between the US and my home country over the summer. Does the time spent at home (the length varies from 20 days to 92 days) count toward the 2 year HRR?

Thanks.
Click to expand...

The 2 year home country will prevent you from applying to working or immigrant visa e.g. H visa or green card NOT B2 visa. Visiting your spouse is a good reason to apply, will be granted or not no one can till. All days you spent in your home country AFTER finishing the J program (while on F) is countable toward your 2 year. Again, this has nothing to do with applying for B2.
 
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