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J1(Au pair), B2,married w/ US citizen....Pls help!!!

Discussion in 'General J Visa and Related Issues' started by kvsch, May 19, 2006.

  1. kvsch

    kvsch Registered Users (C)

    Hello guys!
    I need some help and information,
    I arrived to the US as an Au Pair w/ J-1 visa from Feb 2001 to Feb 2002, I came back to my homecountry in March 2002 and I came back to the US in September 2002 (6 months out)with my B2 visa...since then I'm living here. I got married last year with a US citizen . 2 weeks ago I got a interview in INS to adjust my status and they asked if I filed the I612...plop!!!
    I did not know about the 2 years requirement 'cause of J-1!!!
    Now I have to do a waiver, do you have any information about this?
    Here are my questions:
    1. How difficult is to get a waiver approved?
    2. What kind of hardship can I show?
    3. Can a No objection letter can help?
    4. What happen if Aupairs is not in the skill list, can they skip from the 2 year requirement?
    5. Do you know somebody who went thru this or an attorney who has experience in this?
    Thank you so much in advance...
  2. running_swede

    running_swede Registered Users (C)

    No Objection may be the easiest path. You need to contact your home country's embassy in Washinton D.C. to ask them to write a No Objection Statement for you. A waiver application based on No Objection is really straightforward and you do not need a lawyer for that. Even with a No Objection Statement from your home government, your waiver application may be denied, if the sponsor of your exchange program objects. You will need copies of any DS-2019/IAP-66 forms from 2001/2002.

    Hardship can be hard to prove. It is generally not enough that you would be separated from your spouse for some time. The fact that you have been out of status for so long may complicate your sitution, however, because if you were to leave the U.S. you could be barred from reentry for several years.
  3. thaiangle

    thaiangle Registered Users (C)

    Hi there,

    I got your private massage, but I chose to respond here so it can also help anyone in the same situation.

    This is my suggestion.....I think you'd better off going through advisory opinion since I'm almost %100 sure that you are not subject to 2 yrs HRR. Where does it say that you are subject????....in your passport or IAP-66?

    I was an au pair and it said in my passport that I'm subject. But I knew it was a mistake since I'm one of the very few au pair that are subject. So, after they denied my AOS, I went through advisory opinion. I don't even try to get a waiver because like I said I was sure that it's a mistake. At that time, I hired a lawyer becasue I was panic. But don't worry, you don't need one. Advisory opinion doesn't cost anything. It's very simple. You just write a letter to DOS, attach your IAP-66 to them, and ask them to review the case again. My lawyer filed mine on Feb 24 by regular mail. DOS received it into the system on March 22. (I would recommend you do over night if you are in a hurry. I was mad at my lawyer when I know he sent it visa regular mail.) The result online came out on April 7 that I'm not subject. The finding letter was sent out on April 19....and so far I'm still wait for that notice, which I think it's already lost in the mail. So, last week I just send a request to DOS to resend me anotehr copy of the notice. I hope it'll some soon.

    Anyway, did USCIS denied your case already or they give you some time to figure out the problem?? For me, they denied my AOS right away after they saw the notation in my passport. I had 30 days to appeal and file a motion to reopen, which cost me another $385. But I was lucky to find the result online soon enough. My lawyer filed MTR and USCIS accepted it based on the result online that we refer to and give us until June 10 to privide them with the writen notice that DOS supposed to send to us.

    Where are you from anyway?? You didn't mention about it. Most of the au pair that somehow get subject to 2 yrs HRR, get away from it. I knew a few people when I went through that process to remove it from my status, and everyone got away. I was so panic, but you shouldn't be. In the finding letter that I received online, it said that "au pair does not appear in the skill list nor getting government fund". And that is just enough to say that the 2 yrs HRR was given to you in error. We are just unlucky to have to deal with it. But don't worry you'll be fine. ANyway if you are not sure, you can always try to get waiver at the same time. It costs you money and it's not necessary for you to to through that route if you are not eevn subject. One of my friends did both at the same time because she was afraid that DOS would say that she is still subject, BUt the result came out that she is not, and she just waste her money for the waiver process.

    I hope this help. Let me know if you need more help. I save all the copy of letters that I communicate with both DOS and USCIS. If you want to see them for example of how to do things and how things go, let me know. You can send me an email or private massage just to let me know that you have a question for me. Then I'll get back and answer it here for you.

    Good luck.
  4. kvsch

    kvsch Registered Users (C)

    Thank you very much running_swede and triangle,
    I feel much better with all your information.
    I went to the interview the beginning of the month, and they give me 1 month to send back the I-612 approved. I don't have much time...I will try to go to Advisory Opinion first... How do I do it?
    Of course Triangle, I would like to see all your steps and paperwork...this is my email tone33012@yahoo.com.
    Thank you very much again you were very helpfull :)
  5. nemu

    nemu Registered Users (C)

  6. thaiangle

    thaiangle Registered Users (C)

    You are very lucky that at least they give you a chance to fix the problem. They close my case right away after they saw the notation in my pasport, so I have to pay them more money to have them reopen the case. I was so panic because I thought I had to leave right away...... :(

    Anyway, I feel that 1 month is probably not enough to get the result from DOS. Usually, it takes them about 2-3 weeks to get to your request. That means your mail will sit in the mail room for security screen and all other stuff that they have to do before they can put your request into the system. Then the review process begins, which can take as early as 2 weeks after they put your request into the system or up to 4-6 weeks for longer review process.

    When I did mine, I only sent the request by mail. But I learn that somehow you can first register for the review process online and submit the paper work right after. That way, you can reserve your case number. I haven't done that but I'm sure if you go to
    this website, you can go from there. Follow the link that say Online-New! then Complete an online application. You don't need to pay the fee because you ask for advisory opinion. But if you want to try to get the waiver too, you can do it at the same time and pay the fee.

    Again I personally think you don't need to get a waiver and waste your money because you have a great chance that you are not subject to the rule. But if you prefer to get a waiver process started, just in a REAR case that DOS say you are subject, you can always try to do both at the same time. In that case if advisory opinion falls through, you get your waiver process started. Again this is your choices that you have to decide. I did only advisory opinion because I strongly beleive that it's a mistake, plus at that time I didn't have money to spend for waiver process. My friend did both but she ended up wasting her money for the waiver process since the result shows that she is not subject. We both were au pair. I knew a few au pair that were subject but we all got away from it.

    So, get to the website today. It's good to start from there because you will get your case number right away. When I sent mine by regular mail, I didn't get mine after 3 weeks. It's very frustrating. After youa re done registering via the website, send them a copy of IAP-66 and a request letter. I would recommend you do it over night since time it's very essentail for you. In the meantime, I would recommend you try to contact your local CIS and ask them to give you more time since they haven't yet close your case. It is not likely that you'll hear from DOS within 1 month, so it's not a bad idea to ask CIS to give youa break. You can inform them you already contact DOS but the process can take up to 6 weeks so you ask for additional 30 days or what so ever. The worst thing that they can do is to say 'no' and that's is o.k. If they don't give you more time, you have another 30 days anyway from the day that they close your case to file a motion to reopen, but this time you haev to pay the fee $385. And again if you happen to fall off that 30 days to file MTR, you can always repply for I-485, which means you ahve to start all over again. Don't worry, there are a lot of ways to get things done. It'll just take time and cost more money. But now contact DOS and in the meantime write to local CIS and ask them to give you more time. At this step you don't have to pay anything sicne CIS haven't yet close your case.

    How about do that first and we'll be in touch. I don't want to confuse you. When you get that done, let me know. I'll tell you more what would happen next and what mroe to do.

    Good luck!

    P.S. You don't need a lawyer. They cost a lot of money. I don't know how much mine would end up to. I paid $500 so far, but I'm sure he'll ask for more when the whole things is done.
  7. kvsch

    kvsch Registered Users (C)

    Hello Thaiangle! Thank you again for the letter and your help.
    We are still a little bit confuse, I was trying to do it online but there are questions that confuse me...like this:
    Is there any period of time in the U.S that is not covered by DS-2019 (formerly IAP-66)? Yes / No
    If yes Explain:....

    I think my answer should be "yes" 'cause I came back to the US as B-2...and was not covered by IAP-66...but do not know how to explained...
    I don't know if I should do it online or mail, because I do not know answer some of their questions, better show them all what I have ???
    BTW, we received your letter, I have a question...This mention about that we did not received any education or training related to the skill list...but how about the no US goverment funds?...
    I called the AuPair Agency in Manchester, but they did not sent anything to me yet. Do you know somebody who I can talk with? Phone#?
    Thank you so much
  8. thaiangle

    thaiangle Registered Users (C)

    I did not file mine online so I'm not sure how to answer that question...sorry. How about calling DOS and ask them to walk you through the questions that youa re not sure about. There number is (202) 6631225. You'll first get to automatic message before you get to a visa specialist. I think through that steps, you haev to press 1 2 2 and then 0 before you get to speak to someone. Leave couple second in between those numbers. Tell them that you are trying to file a request for advisory opinion online and have several questions and if they can clarify the questions for you. I would call early in the morning, otherwise you can wait to talk to someone as long as 45 mins. They did that to me before. It's horrible. They open from 8.30 -4.30 Mon, Tue, Thurs, Fri.

    Did you come to the U.S. through "Au Pair in America"?? If you are, I can guide you how to get that letter. If not I have no idea.

    About the funding source, you can look what it says in your IAP-66. I bet it says "families". That's what mine says. AU pair doesn't get fund from government anyway. We pay money to come here and American family pay money to have us here and such. SO, DOS will easily find that out. I'm more worried, in a rear case, that au pair is on the skill list of Peru. I highly doubt it though. Au pair doesn't get any training or specific education when we are here. We just work for American family.

    Anyway, do you know any au pair from Peru that are not subejct to the rule?? You can also make a case out of that. You can include such info in your request letter. You can say you found out that other au pair from the same country are not subject and ask, but what's the reason that you are. Ask them to review your case and clearify that. My lawyer didn't include that statement in his letter (the one that I sent you), but I had it in another letter that I wrote to my au pair agency and what she wrote back to me.

    I'll be away for a week starting on Thursday and I won't be able to use internet. I know time is essential for you, so I don't mind to leave my number in case that you really get stuck during that time. But now try to get application online done so that you reserve a case number and soon after that try to forward all necessary document to them. Also, try to conatct your local CIS and ask them to grant you more time.

    Good luck!
  9. thaiangle

    thaiangle Registered Users (C)

    You should start from registering online so that you reserve your case number. If you everything just by mail like mine, you'll get your case number the day that they open your mail, which in my case took them like 3 weeks. Remember...their system is first come first serve. So, if you get your number first, you are head. You'll have to send them a hard copy of all supporting document anyway. They won't do anything until they have your IAP-66 and such. But at least that's up to you how you can speed up and have everything ready for them....not that you lose your time because your mail is sitting in the mail room.
  10. kvsch

    kvsch Registered Users (C)

    Hi Thaiangle,

    Thank you for all your help. My husband and I completed the advisory opinion online. I hope it will come out positive when we mail the package to them. Also we will talk with our lawyer this coming Thursday to see if we are missing any steps. I know it will cost some money but my husband keeps telling me you cannot put a price on freedom to be together.

    There is only one part that concerns me is that on my IAP-66 form I have 5640 (subj/field Code) 13 (X) Au Pair Family Relations & Child Development. Which is child care services (nanny). I was wondering do you also have the same code?

    Yes I would definately like to exchange phone contacts. Again thank you for everything. Everything you have mentioned in this forum is accurate.
  11. thaiangle

    thaiangle Registered Users (C)

    You are welcome. I am in the exact same situation right now, so I know how things would go for you. When I begin to have the problem, no one can guide me because it's such an odd situation that someone would not know that they are subject to the rule or not. The most confusing part is that you now have to do thing backward because you actually suppose to resolve your issue with DOS first before you apply for AOS. I didn't see this coming either....I didn't think that the rule would be so serious that can cause USCIS to deny my application. But people make mistake I guess. I made a mistake that I didn't pay attention to the notation in my passport. But I think mine is more innocent mistake because I don't know about all this rule comparing to the US Embassy in my country that know all teh rules but made a mistake because they failed to work properly. Anyway, I have to pay the price regardless that it was the mistake that DOS made at the beginning. Youa re in the same situation. We are just unlucky to have to deal with it. But I think you'll be fine. If lawyer can buy you a peace of mine, then there's nothing wrong to go for it. But just make sure that you also know what can happen and taht the lawyer that you hire know what he is doing. There're not many good/ knowledgeable lawyers out there and the good ones are very expensive. I don't have money to hire the best one, so I hire someone who is just o.k. But the bad part is I don't really feel %100 releived from the situation, because a lot of things that he says doesn't make sense or is not what it should be according to the regulations. That's how I learn about all these things because I still have to do some research for myself to make sure that what he does make sense and keep up to the time frame that I have left.

    My IAP-66 said the same thing about the subject code. It also says that I'm subject to the rule because of the code being in special skill list. But DOS identify that such code is not in special skill list nor au pair receive any government fund. So, that's just good enough to prove that the rule was given to me in error.
  12. sva2006

    sva2006 Registered Users (C)

    Hi thaiangle

    Hi thaiangle

    Hey i was an au pair in america also. And i think you might come from Thailand as i am. Nothing just abnormal just want to make friend with thai people and we were the same program. if you think you wouldn't mind to have more friend just let me know?
  13. kvsch

    kvsch Registered Users (C)

    Hi Thaiangel, New News

    Hi Thaiangel & All ,

    Its been a while but we have new information from our immigration lawyer that they will try and present a legal argument towards the INS/CIS saying that it is in fact an error and the 2 year HRR should be waived. Also at the sametime we would apply for the Advisory Opinion. As a alternative leads they will apply for a No Objection letter from the Peruvian Consulate and lastly have a Hardship Waiver just in case. I find it interesting that no where in the internet nor DOS website it says the INS/CIS has authorization to waive the 2 year HRR. We always thought it was only from the DOS. But here is a link where it says they have the authorization and perhaps your lawyer can do the same. Please check out page #3 http://www.klaskolaw.com/newspubs/KlaskoArticles/00074152.pdf

    Also :http://www.klaskolaw.com/newspubs/KlaskoArticles/00035747.pdf
  14. thaiangle

    thaiangle Registered Users (C)

    You seem to have a very good lawyer who experts on J issues. I'm sure he can help you figure it out. As the matter of fact, my lawyer did also try to argue with local USCIS that the 2 yeras HRR was issued o me in error. But, the USCIS didn't want to do anything with it. They said that the job to identify if u r really subject to the rule belong to DOS. They just enforce DOS rule and can't do anythign about it. When I heard that I personally think that it's kind of irresponsible of USCIS to say that. If somehow USCIS has pararel authority as DOS to justify whether they would allow someone to be in the country/ change visa and stuff, they should be able to waive the 2 years HRR for u. Come on...they both are government agencies and I'm sure they can coordinate with each other and make it easier for us. But I guess USCIS doesn't want to do extra work or step on DOS toes. So, USCIS just pushes us to deal with DOS and get a waiver or advisory opinion from DOS.

    I can see where your lawyer would go. He seems to know his stuff. As for me after USCIS pushed us to deal with DOS, my lawyer didn't try to fight further. My lawyer is not an expert on J and he's not as popular as yours, so we just decide to go with DOS. There's not so many other immigration lawyers in my area so I had no choice. Anyway, I don't see why USCIS can't waive the 2 years for you. The problem is if they WANT to do it. I learn that not many American people like to do things above and beyond what they really have to do. If it's not their direct job and somebody else can do it, then they don't want to do anything with it. They just work straight according to the rules and don't know how to sneak things around. Oh well....what can you do??!!! Anyway, good luck.
  15. kvsch

    kvsch Registered Users (C)

    I hope we can help

    Hi Thaiangel, our immigration lawyer should present the argument this coming weeks. I hope we get it. I hope someone inside the INS/CIS office has the authority to waive it. However, further reading tells me that they want some type of backing from the DOS to make it full proof. We will keep everyone posted.
  16. kvsch

    kvsch Registered Users (C)

    Hi Thaiangel & all

    Hi Thaiangel!!! How are you doing? ...
    Well, at this time I got the letter (Advisory Opinion) by DOS saying that I'm not subject to the 2year requirement...We already send it to CIS so we are just waiting for the answer...how about you? Did you get the copy of the Advisory Opinion?
    PS. I hope this msg finds you and finds well :) take care
  17. hellenflo

    hellenflo New Member

    Hi girls,

    I went to my interview with my husband and they told me about the 2 years rule, so they were asking me about the waiver, why Did I skipt that step. I didnt think I was going to be in trouble because I done the program and went back to my country and I came with the turism visa and then I got married, so now I am frustrated Because I Talked with 3 lawyers and all of 3 have told me I will get my waiver deneid, so I dont know what can I do, I just printed the advisory opinion and I will Mail it by tomorrow. My fear is i dont know how long the uscis will give me to send the waiver
  18. Sm1smom

    Sm1smom Super Moderator

    If you had a J visa subject to a 2 year home stay requirement, going home briefly and returning to the US on a tourist visa does not absolve you of that requirement - you still needed to have fulfilled that obligation or applied for and received a waiver before being eligible for AOS.
  19. hellenflo

    hellenflo New Member

    What I have to do is prove that as au pair we are not subject the 2 years rule. I Just applied for the advisory opinion and I sent it to the deparment in washigton dc.

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