My daughter will be one year old before my wife's HRR expires

K

kgreenlaw

New Member
My wife is Armenian and was a Muskie scholar.

Proposed in January, discovered she was pregnant in February, got married in April, daughter born September 23.

Got a letter of "no objection" from Armenia, filed paperwork with USCIS.

Since August 29 we're waiting on "Request for sponsor views"

My daughter will be a year old by the time my wife's home residency requirement has been met.

I think but am not sure that the Muskie Scholarship's sponsor is the Soros Foundation, who does not return emails, phone calls or faxes, even those with a picture of our family attached.

Overstaying a tourist visa is not an option as my wife needs to be able to visit her family in Armenia.

Any advice or experiences here that anyone would care to share would be very much appreciated.

--Ken
 
Ken, usually a "No Objection" statement from a home country has limited effect in the case of the Muskie/FSA Program. Please read this: “No requests for visa extensions, waivers, or transfers will be granted under any circumstances” (http://www.soros.org/initiatives/scholarship/focus_areas/muskie). As a rule the sponsor (Muskie/FSA Program) objects to a waiver and DoS will generally make an unfavorable recommendation to USCIS. If your daughter was born in USA, makes sense to apply for a waiver based on exceptional hardship (e.g., http://www.hooyou.com/j-1/j1_waiver.html). Your wife who is subject to the 2Y HRR, however, can apply for a nonimmigrant visa other than H, L, and K, e.g. F (student), B (tourist/business), or O-1 (alien of extraordinary ability). Furthermore, a new J-1 visa is also available to person who was a J-1 visa holder with 2Y HRR in the past. She must leave the U.S. and apply for visa at a U.S. Consulate or Embassy abroad (in a home country or in Canada and Mexico) and reenter the U.S. in that status (B, F, J, O etc.) However a new visa (F, J, or O) is a temporary solution for persons who have not yet been able to obtain a waiver of the 2Y HRR or to spend 2 years in home country. A new visa does not eliminate that requirement. Good luck.
 
Agree with the previous post. The hardship waiver is a better fit here, though in some cases it make sense to try the "no objection" waiver first. As for the "sponsor views", it took four months to get them back in my case, and then another month for the decision to come out.

I guess you'll have to wait for the "no objection" outcome now. Then, you can apply for the hardship waiver, or comply with HRR. Whatever the case would be, I would recommend to keep the family together. Looking back now, I don't know if I would have gone the same road to separate my family, while waiting for the hardship waiver outcome (especially, having a 14-month old daughter involved).
 
Sponsor views received after two months

Well, OSI finally replied - though I have no idea with what and probably won't find out unless the Waiver Review Office at the DoS responds to a fax I sent politely asking about my case. No public phone number comes as no surprise. This does come on the heels of my faxing a letter to OSI with a picture of us attached a week ago.

I'm not getting my hopes up - THANK YOU Streamflow and cvv for your responses to this.

The big question now is - what are the chances someone with a HRR is going to be able to get a tourist visa to visit the US repeatedly over the course of the next three years? I had a friend with a Guatemalan boyfriend a few years back who seemed to have no problem repeatedly doing this, but he wasn't the mother of a US citizen married to a US citizen.

I'm inclined to drag out the remaining eight months over a period of years if it's the price I have to pay for being there while my daughter grows up.

--Ken
 
If I understood your post, you are an American citizen like me. I have had quite a difficult time trying to deal with this 2 year HRR requirement and trying to either deal with the 2 years time, or find some way for my own wife...who has a j-1....to waive this rule.

Her case is a bit complex, and not exactly similar to your wife's, so I won't go into details...except to say the reason I replied was this...

To let you know that it IS possible for the wife of a US citizen to get a tourist visa. My wife managed to get one, but not without my help.

Based on my experience in visiting the country where my wife was from ( I prefer not to say which one, other than to say it was in a similar part of the world where your wife is from), the residents of that country who apply for a US tourist visa go through quite a difficult, and sterile process. The conditions under which they are interviewed (from behind a window booth...like visiting a bank teller), and the abruptness by which they are questioned, makes it difficult for the wife of a US citizen to explain their situation under such conditions.

Since your situation is a bit complicated, I am suggesting that before she apply for a toursit visa, if at all possible, you should speak to the US embassy or consulate of that country and explain your situation.

I did just that...while visiting my wife. I called, and set up a meeting through the US citizens services of that embassy, and sat down with someone and explained to them why my wife could not apply for US citizenship yet, and why I was seeking a tourist visa for her.
I was lucky to find someone who was thoughtful and trusting enough to help me get the tourist visa for my wife.

I just feel that based on my experience, and the skepticism that the US views such things (automatically they will feel your wife is just seeking an easy way to immigrate illegally.....at least that's how I felt I was viewed by "some ..not all...at the embassy at first)

I just feel your chances are much better if you can go with your wife in person to have her aquire the visa, rather than her attempt to get it herself. If it is not possible...then obviously she will have to go in herself. (perhaps you could contact someone by phone?...) I realize firsthand...that plane tickets to that part of the world are not cheap.

All I know however, is once that person actually "saw" me and her together...and not just a voice on the phone...or letters typed in an email.....they were much more receptive and willing to listen.

My wife visited me for the first time since she left the US to begin her 2 year HRR last month, and thankfully she had no problems entering the Port of entry. She stayed for one month, and left last week.

Good luck.
 
OH MY GOD - "FAVORABLE RECOMMENDATION"

I'm still shaking as I type this.

No objection waiver application for a Muskie/Freedom Support Act scholarship, nine months left of home residency requirement, newborn daughter, polite letter with picture attached faxed to the sponsor, Open Societies Institute, on October 25.

Timeline follows.

I'm still stunned.

MPGGPM, I know *exactly* what you mean about the embassy situation.

I had almost lost hope.

--Ken

Recommendation Sent November 03, 2005
Status Inquiry Received November 02, 2005
Sponsor Views Received November 01, 2005
Request for Sponsor Views Sent August 29, 2005
No Objection Statement Received August 24, 2005
Fee Received August 15, 2005
Form DS-3035 Received August 15, 2005
Form DS-2019 Received August 15, 2005
Passport Data Page Received August 15, 2005
Statement Of Reason Received August 15, 2005
 
I'm glad to hear that. It's great news for you.

Your situation seemed difficult enough that I wanted to reply and hopefully my experiences would have helped...had it been necessary.

Needless to say, I am sure you are very grateful you will not have to continue to go through what you were suffering through any further.

I am glad to hear of your result.......and I wish you and your family much luck.
 
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