Please, help!! I dont know If i need a waiver , my interview w/Inmigration

[olivia1980]

Hello,
Please I really need to know if I need to get a waiver for my j1 visa.
I came 3 times to USA.
1st. I got j1 subject to 212
2nd I got j1 subject to 212
3rd I got j1 NOT SUBJECT 212.I married to my husband who is US citizen , and at the end of this month we 'll have the final interview with Inmigration to get my residence.
My question is ,I still need to get a waiver for the 1st & 2nd j1 visa ??
Please , I really need to know....Thank you....
Olivia

 

[Streamflow]

I married to my husband who is US citizen, and at the end of this month we 'll have the final interview with Immigration to get my residence.

Olivia, marriage to a U.S. citizen does not, in any way, release someone from the 2Y HRR. 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). For this reason your I-485 petition will be denied. See also another thread on this subject: http://boards.immigration.com/showthread.php?t=182319

My question is, I still need to get a waiver for the 1st & 2nd j1 visa ??

Yes you still need J-1 waiver or reside 2 years in your home country. Persons who have ever been subject to the 2Y HRR in the past, and who return home, later reentering the U.S. in F-1 or any other status (e.g., J-1, O-1) without fulfilling the requirement or obtaining waiver, remain subject to the 2Y HRR. Note that the foreign national remains subject even a more current form DS-2019 (formerly IAP-66) for a new J-1 visa indicates that person is not subject to this requirement. Also transfer to a J-1 program that does not carry the 2Y HRR does not eliminate that requirement. Thus persons who at any time on any J-1 program are subject to the requirement remain subject, even if a great deal of time has passed.

 

[Toxsci]

Hello,
Please I really need to know if I need to get a waiver for my j1 visa.
I came 3 times to USA.
1st. I got j1 subject to 212
2nd I got j1 subject to 212
3rd I got j1 NOT SUBJECT 212.I married to my husband who is US citizen , and at the end of this month we 'll have the final interview with Inmigration to get my residence.
My question is ,I still need to get a waiver for the 1st & 2nd j1 visa ??
Please , I really need to know....Thank you....
Olivia

How did you get 2nd and 3rd J1? Did you satisfy the 2 year rule then (were you physically present in your home country for 2 years before applying for another J1?)
Now if you are not subjected to 2 year rule the 3rd time..it could be by mistake or you changed your field that is not in the skill list.
For 1st and 2nd J1 visa..in my opinion you don't need a waiver provided you obtained subsequent J1s after satisfying the 2 year rule.
Good luck!

 

[Streamflow]

Second and third J-1 visas

This is an important refinement. Toxsci is right. If you spent at least two years at your home country between your second and third J-1 visas, you are not a subject to 2Y HRR. If this time is less than 2 years, you are still the subject (see my post above). However you can use this time to accumulate 2 years by parts. See our discussion on this subject in http://boards.immigration.com/showthread.php?t=183238.