My wife is a former J-2 who came to US nearly 5 years ago with her ex-husband who was a J-1 Fulbright scholar. They separated, we met, dated for nearly 2-years while her divorce was pending, then we married last fall after it was final and she was in her grace period. She has done everything totally legal. We filed all the proper papers (with the assistance of a lawyer), but we did not file the I-612 Waiver upon advice from both our lawyer and the Immigration office itself. They said that her divorce nullifies her 2-year HRR since she is no longer his legal spouse.
After only 4 months, we recieved her Advance Parole papers (her mother overseas aqcuired breast cancer through all this and she has not been able to go see her yet) and also our interview notice and work permits. She started back to work 2 months ago after volunteering for 8 months and we went to our interview a couple weeks ago. The Immigration officer said that he thought she should be required to return to her country for 2-years because of her former J-2 status, but wasn't sure. We argued what the office and lawyer told us that her divorce nullifies this. He stamped our Alien spouse petition approved, but sent off our package to the District Director for review.
We just got back a letter from the DD that says she is denying our AOS because of her J status and the 2-year HRR and we didn't have a waiver. In addition, she terminated her 2-month old work permits and Advance Parole papers. The letter also states that we can not appeal, but that we can request a review of the decision in front of an Immigration Judge.
I am curious now if we should file an I-612 for Waiver, try to get a court-hearing or both. If we file a waiver, do we have to "re-open" the case? Is it better to go for a "no-objection" or "hardship"? I have two young children from a previous marriage that I am the legal guardian. If my current immigrant wife left, it would be devastating for them to have another female leave their home (this has been reiterated by a therapist) They are really close to her. In addition, I can't go to her country with her because of the visitation arrangement for my children with my ex-wife.
I have no qualms about going to court in that I know that we have a great case, but I'm worried about the length time this might take and not sure the proper order I should proceed. If anyone has any suggestions or advice, I would greatly appreciate it.
Thanks in advance.
Eddie
After only 4 months, we recieved her Advance Parole papers (her mother overseas aqcuired breast cancer through all this and she has not been able to go see her yet) and also our interview notice and work permits. She started back to work 2 months ago after volunteering for 8 months and we went to our interview a couple weeks ago. The Immigration officer said that he thought she should be required to return to her country for 2-years because of her former J-2 status, but wasn't sure. We argued what the office and lawyer told us that her divorce nullifies this. He stamped our Alien spouse petition approved, but sent off our package to the District Director for review.
We just got back a letter from the DD that says she is denying our AOS because of her J status and the 2-year HRR and we didn't have a waiver. In addition, she terminated her 2-month old work permits and Advance Parole papers. The letter also states that we can not appeal, but that we can request a review of the decision in front of an Immigration Judge.
I am curious now if we should file an I-612 for Waiver, try to get a court-hearing or both. If we file a waiver, do we have to "re-open" the case? Is it better to go for a "no-objection" or "hardship"? I have two young children from a previous marriage that I am the legal guardian. If my current immigrant wife left, it would be devastating for them to have another female leave their home (this has been reiterated by a therapist) They are really close to her. In addition, I can't go to her country with her because of the visitation arrangement for my children with my ex-wife.
I have no qualms about going to court in that I know that we have a great case, but I'm worried about the length time this might take and not sure the proper order I should proceed. If anyone has any suggestions or advice, I would greatly appreciate it.
Thanks in advance.
Eddie