J1 waiver---in status while waiting for decision?

[firfir]

Hi everyone,

I was in the US on J1 with 2YHRR, sponsored by DoS for graduate studies. I got married to a U.S. citizen while I was on J1, still I returned to my home country to fulfill the residency requirement. Since then I have come to the US twice on visitor visas and have accumulated only 10 months of the HRR. I have just now initiated a waiver process through a no-objection letter. I haven't received the NOL from my embassy yet, although I have requested it 2 1/2 months ago. Right now I am on a visitor visa in the US visiting my husband, which will expire next month.

Is the time during which I am waiting for the waiver decision considered my legal stay in the US; i.e. if I get all the documents to the DoS before my visa expires, can I stay in the US legally? Do I have to apply for the prolonged stay?
Thank you.

 

[LucyMO]

as long as your I-94 is valid, you are in legal status. If it is expiring, you want to apply for an extension of your visitor status.

Application for a waiver does not give you any legal status.

 

[pumukliboy]

Hi everyone,

I was in the US on J1 with 2YHRR, sponsored by DoS for graduate studies. I got married to a U.S. citizen while I was on J1, still I returned to my home country to fulfill the residency requirement. Since then I have come to the US twice on visitor visas and have accumulated only 10 months of the HRR. I have just now initiated a waiver process through a no-objection letter. I haven't received the NOL from my embassy yet, although I have requested it 2 1/2 months ago. Right now I am on a visitor visa in the US visiting my husband, which will expire next month.

Is the time during which I am waiting for the waiver decision considered my legal stay in the US; i.e. if I get all the documents to the DoS before my visa expires, can I stay in the US legally? Do I have to apply for the prolonged stay?
Thank you.

You should call your embassy. They shouldn't really send you anything. You should forfard them your application and they will forward it to the DOS with their no objection letter. in my case it took them 3 days and DOS approved in within 2-3 weeks.

 

[firfir]

What I meant by saying I haven't heard from the embassy, is that they haven't yet let me know whether they are going to send the letter to the DoS for me.

You should forfard them your application and they will forward it to the DOS with their no objection letter.

Can you please elaborate on this. Should I have sent the embassy the entire application with the statement and all the documents for the DoS waiver division? I am asking because my embassy hasn't really give me a list ofhe docs they require or anything, they just said to send whatever I think is needed. Thank you.