Successful J1 waiver (NOS, Philippines)

Hello po sa mga kababayan ko dito!
J1 Teacher po ako dito na pumasok sa US. 3 months lang po ako sa school ko last year dahil hindi po ako binigyan ng chance na lumipat sa ibang school then I resigned formally. Ngayon po nasa US pa din po ako. Technically, undocumented na po ang tawag sa akin dahil wala na ako sa employer ko pero itong US visa ko mga 2 years pa before mag-expire. So yun nga po, this year, kinasal po ako sa isang US CITIZEN at nag-aantay pa din kung kailan magbubukas ang pag-issue ng NOS dahil may memo from EVP na hinihinto pa ang pagbibigay nito dahil sa covid. Magtatanong lang po ako kung sino po sa inyo ang same sa case ko na hindi natapos ang 2/3 of the program from J1 program sponsor at nasa US pa din, married to a US CITIZEN pero walang anak dahil gay couple kami. May malaking chance po kaya ako na ma-approve for NOS waiver? Sa lahat na mga requirements dun sa website ng EVP, yung 2/3 ng program ako medyo sasablay, may PSA Birth Certificate na ako dito at PSA CENOMAR na hindi ako kinasal kahit kanino sa Pinas. Kung nababasa niyo po itong post ko now at na-experience niyo na ito and you were approved for NOS waiver, please comment naman po kayo. Salamat po! At saka, may lawyer po ako now pero hindi po Filipino Lawyer kaya nangangapa pa din siya sa law sa Pinas. May alternative arrangement din ba kung wala kang natapos na 2/3 ng program mo like same dun sa skilled list na requirements na may alternative arrangement? Please kung same tayo ng naging experience, I need your advise po! Salamat po ng marami!❤️
 
NOS_applicant_PI said:
Hi GKPhD,

To answer questions 1&3, I am in the exchange visitors skills list which is why they denied my initial application. It was just my luck that I just got married to a US citizen when I received the initial letter denying my application, so I sent them the necessary documents to appeal their decision. All the documents they need are listed in their guidelines. You can find them in a website called newyorkpcg.org (I’m not allowed to post links yet).

I just now (literally) received my waiver approval from USCIS. Good luck on your application!
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Hello po! Ask po ako if hindi niyo po natapos ang 2/3 ng program pero kasal po kayo sa isang US CITIZEN, J1 teacher po ako dito sa US pero hanggang 3 months lang ako last year then I resigned dahil sobrang hirap po dun sa inassign na school po sa akin tapos hnd na ako binigyan ng chance to find for another school. Any advise po? Salamat po sa sagot!❤️
 
INCOMPLETE2/3OfTheProgram said:
Hello po sa mga kababayan ko dito!
J1 Teacher po ako dito na pumasok sa US. 3 months lang po ako sa school ko last year dahil hindi po ako binigyan ng chance na lumipat sa ibang school then I resigned formally. Ngayon po nasa US pa din po ako. Technically, undocumented na po ang tawag sa akin dahil wala na ako sa employer ko pero itong US visa ko mga 2 years pa before mag-expire. So yun nga po, this year, kinasal po ako sa isang US CITIZEN at nag-aantay pa din kung kailan magbubukas ang pag-issue ng NOS dahil may memo from EVP na hinihinto pa ang pagbibigay nito dahil sa covid. Magtatanong lang po ako kung sino po sa inyo ang same sa case ko na hindi natapos ang 2/3 of the program from J1 program sponsor at nasa US pa din, married to a US CITIZEN pero walang anak dahil gay couple kami. May malaking chance po kaya ako na ma-approve for NOS waiver? Sa lahat na mga requirements dun sa website ng EVP, yung 2/3 ng program ako medyo sasablay, may PSA Birth Certificate na ako dito at PSA CENOMAR na hindi ako kinasal kahit kanino sa Pinas. Kung nababasa niyo po itong post ko now at na-experience niyo na ito and you were approved for NOS waiver, please comment naman po kayo. Salamat po! At saka, may lawyer po ako now pero hindi po Filipino Lawyer kaya nangangapa pa din siya sa law sa Pinas. May alternative arrangement din ba kung wala kang natapos na 2/3 ng program mo like same dun sa skilled list na requirements na may alternative arrangement? Please kung same tayo ng naging experience, I need your advise po! Salamat po ng marami!❤️
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Naghihintay naman po ako na mag open ulit yung NOS application. Pero for NOS because of US Citizen minor. Sana mag open na po yung pag apply ng NOS
 
Merczydei25 said:
I consulted some lawyers on how to waive my 2 years residency, I wasn't able to finish my program or even meet the 2/3 rule. Me and my husband are so hopeless and don't know what to do, only thing that we know is through Hardship Waiver. And then God sent an angel. We consulted to this lawyer and told us that establishing hardship is difficult especially we don't have kids.He tried to convince us to try NOS and I will be the one to do the process. So we did,eventhough we have only 10 % chance that they will approve the NOS, just to save money. In case NOS will not work. I am in a skilled list but not funded by the government .So here it goes...
NOS application update & Timeline
April 9, 2019: Sent packet to USCIS
April-May 2019: Gather all the documents, have them notarized and authenticated for CFO Requirements ( It's a lot of work especially if you have documents from different states and time consuming)
June-July 2019: I sent all documents to Philippines via USPS( It takes 6 weeks before they received the package, so not advisable to use USPS ,cos it will slow the process even though it is cheaper)
July 4, 2019: CFO Received the packet
July 11, 2019: Received NOS approval via email( I was crying all day, while I'm reading the email, atlas! I really can't believe it, no days and night I prayed for it)
July 17, 2019: Received Printed copy of NOS approval together with my original documents via mail box
July 20, 2019: Received a call from Philippine Embassy Washington , just to confirm information and they forwarded the approved NOS to DOS
July 25, 2019:DOS Received NOS
August 5,2019: DOS sent Favorable Recommendation to USCIS .............and we are still waiting and praying that everything will be fine and to be approved
- Thank you for this Group Forum, it really help us a lot on how to do the process and I made this as my preference.
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Hi ma'am! Parang same po tayo ng situation somehow. Hindi ko din po natapos ang program ko dahil 3 months pa lang ako sa school ko last year, nagresign po ako agad. Then after I resigned for sure undocumented na po ako dahil hnd na ako nagwowork sa employer ko though my visa will expire in 2 years pa. This year din kinasal ako sa isang US CITIZEN, sa palagay niyo ba ma-approve ako sa NOS WAIVER? Ano po ang mga documents na ipinasa niyo po through mail sa CFO/EVP? If mabasa niyo po itong comment ko, pwd ko po bang hingiin ang email or mobile number niyo po? Salamat po!❤️
 
INCOMPLETE2/3OfTheProgram said:
Hello po sa mga kababayan ko dito!
J1 Teacher po ako dito na pumasok sa US. 3 months lang po ako sa school ko last year dahil hindi po ako binigyan ng chance na lumipat sa ibang school then I resigned formally. Ngayon po nasa US pa din po ako. Technically, undocumented na po ang tawag sa akin dahil wala na ako sa employer ko pero itong US visa ko mga 2 years pa before mag-expire. So yun nga po, this year, kinasal po ako sa isang US CITIZEN at nag-aantay pa din kung kailan magbubukas ang pag-issue ng NOS dahil may memo from EVP na hinihinto pa ang pagbibigay nito dahil sa covid. Magtatanong lang po ako kung sino po sa inyo ang same sa case ko na hindi natapos ang 2/3 of the program from J1 program sponsor at nasa US pa din, married to a US CITIZEN pero walang anak dahil gay couple kami. May malaking chance po kaya ako na ma-approve for NOS waiver? Sa lahat na mga requirements dun sa website ng EVP, yung 2/3 ng program ako medyo sasablay, may PSA Birth Certificate na ako dito at PSA CENOMAR na hindi ako kinasal kahit kanino sa Pinas. Kung nababasa niyo po itong post ko now at na-experience niyo na ito and you were approved for NOS waiver, please comment naman po kayo. Salamat po! At saka, may lawyer po ako now pero hindi po Filipino Lawyer kaya nangangapa pa din siya sa law sa Pinas. May alternative arrangement din ba kung wala kang natapos na 2/3 ng program mo like same dun sa skilled list na requirements na may alternative arrangement? Please kung same tayo ng naging experience, I need your advise po! Salamat po ng marami!❤️
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J1_ph99 said:
Naghihintay naman po ako na mag open ulit yung NOS application. Pero for NOS because of US Citizen minor. Sana mag open na po yung pag apply ng NOS
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This is an English speaking forum. Please post in English only.
 
INCOMPLETE2/3OfTheProgram said:
Natapos niyo po ang 2/3 ng program?
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I finished my first year of contract (2019-2020). Then got renewed for another year (2020-2021). Child just born this Oct 2020. From what I know, the 2/3rd rule is based on your first contract. Basically, I alrealdy completed my first contract and by the time that NOS can be requested (hopefuply soon), I might have completed at least 2/3rd of my entire contract.
 
Choipogz said:
I was not an automatic yes but, I was given the chance to do the “alternative arrangement”. Once I got it done, the CFO submitted the NOS to the Philippine Embassy in DC in May 2020, Embassy then sent their recommendation to US Dept of State on June 2020. This July, we just got a “favorable” recommendation from the US Dept of State and we are just waiting for the USCIS to issue the official waiver.
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Hello! I am considering doing the alternative arrangement. Can you please give me an idea how you did it? I am in the life sciences field. Thank you and I would really, really appreciate your response!
 
J1hopeful said:
Thank you Choipogz, I guess I will never know until I send my application. Alternative arrangement is my best bet but another $1500, whoa. Lol. I spent 2 whole days in the office just gathering and preparing document for shipping. Admittedly, writing the recommendation letter for my mentor and statement of reason took the longest time. I'm lucky that we have a notary public here in the department. Fingers crossed and good luck to everybody!!
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Hello! I am considering doing the alternative arrangement. Can you please give me an idea how you did it? I am in the life sciences field. Thank you and I would really, really appreciate your response!
 
Micachu said:
Hello! I am considering doing the alternative arrangement. Can you please give me an idea how you did it? I am in the life sciences field. Thank you and I would really, really appreciate your response!
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Unfortunately, the Philippines does not accept any form of NOS application as of May 2020 (with or without alternative arrangement). I hope they accept NOS applications again because I need to apply also (because of having a US Citizen Child).

Search this article on Google: PH issues temporary moratorium on participation in US EVP
 
J1_ph99 said:
Unfortunately, the Philippines does not accept any form of NOS application as of May 2020 (with or without alternative arrangement). I hope they accept NOS applications again because I need to apply also (because of having a US Citizen Child).

Search this article on Google: PH issues temporary moratorium on participation in US EVP
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Given the fact that the CFO is not accepting waiver application at this time. I just need to clarify if there is really a path from J visa to GC? The school district filed a PERM petition for us. We are both males. What is the best way to obtain a successful application? Thank you.
 
halfsushi said:
Given the fact that the CFO is not accepting waiver application at this time. I just need to clarify if there is really a path from J visa to GC? The school district filed a PERM petition for us. We are both males. What is the best way to obtain a successful application? Thank you.
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One way is to file for the 2 year residency waiver using a “hardship waiver.” This waiver does not need any communication with PH authorities (not like the NOS-based waiver). However, the hardship waiver can take longer to be approved (maybe more than 6 months, even a year). We really are at the mercy of the PH govt if we want to apply for the NOS waiver.
 
J1_ph99 said:
One way is to file for the 2 year residency waiver using a “hardship waiver.” This waiver does not need any communication with PH authorities (not like the NOS-based waiver). However, the hardship waiver can take longer to be approved (maybe more than 6 months, even a year). We really are at the mercy of the PH govt if we want to apply for the NOS waiver.
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Hi!

Filing a "hardship waiver" (Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) Spouse or Child of an Exchange Visitor) only applies if you are to "bear a child" (most unlikely in our case) or if married to a US citizen. I heard that it can be a possibility if you are a member of a religious organization that embraces same-sex relationships (we've undergone Holy Union at MCC Baguio City which is a recognized US institution based in California). I'm not sure just hearsay.
 
Merczydei25 said:
I consulted some lawyers on how to waive my 2 years residency, I wasn't able to finish my program or even meet the 2/3 rule. Me and my husband are so hopeless and don't know what to do, only thing that we know is through Hardship Waiver. And then God sent an angel. We consulted to this lawyer and told us that establishing hardship is difficult especially we don't have kids.He tried to convince us to try NOS and I will be the one to do the process. So we did,eventhough we have only 10 % chance that they will approve the NOS, just to save money. In case NOS will not work. I am in a skilled list but not funded by the government .So here it goes...
NOS application update & Timeline
April 9, 2019: Sent packet to USCIS
April-May 2019: Gather all the documents, have them notarized and authenticated for CFO Requirements ( It's a lot of work especially if you have documents from different states and time consuming)
June-July 2019: I sent all documents to Philippines via USPS( It takes 6 weeks before they received the package, so not advisable to use USPS ,cos it will slow the process even though it is cheaper)
July 4, 2019: CFO Received the packet
July 11, 2019: Received NOS approval via email( I was crying all day, while I'm reading the email, atlas! I really can't believe it, no days and night I prayed for it)
July 17, 2019: Received Printed copy of NOS approval together with my original documents via mail box
July 20, 2019: Received a call from Philippine Embassy Washington , just to confirm information and they forwarded the approved NOS to DOS
July 25, 2019:DOS Received NOS
August 5,2019: DOS sent Favorable Recommendation to USCIS .............and we are still waiting and praying that everything will be fine and to be approved
- Thank you for this Group Forum, it really help us a lot on how to do the process and I made this as my preference.
Click to expand...
Whoever posted this comment, please cast your mercy to us who happened to be in a same situation like you! I wasn't able to finish 2/3 of the program as well and was married to a US citizen. Please if you have time, I wanna talk to you more. I badly needed your response! Thank you so much!
 
halfsushi said:
Hi!

Filing a "hardship waiver" (Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) Spouse or Child of an Exchange Visitor) only applies if you are to "bear a child" (most unlikely in our case) or if married to a US citizen. I heard that it can be a possibility if you are a member of a religious organization that embraces same-sex relationships (we've undergone Holy Union at MCC Baguio City which is a recognized US institution based in California). I'm not sure just hearsay.
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Hello have you gotten your NOS?
 
Hello everyone,

Any update from anyone who applied for NOS that does not fall in any category ( married to a US citizen, US Citizen child etc)?
 
teachusa said:
Hi everyone! This thread guided me in getting my waiver. I requested NOS from the Philippines since I had a baby here. Here's my timeline
January - I gathered all the documents (It's easier because all we have to do is get the documents apostilled, no need to bring to Phil. Consulate. Also, CFO said not all documents have to be Apostilled)
Documents that need notary and Apostille: Copy of the Third Party Bar Code Page, DS 2019, Certificate of Completion from sponsor, Birth Certificate (in my case). I have all my documents notarized and Apostilled in our state except the Birth certificate because I gave birth in a different state.

Last week of January - sent my packet to State Department

February 24th - Documents submitted to CFO
March 6th - Got an email from CFO that my NOS is approved. The letter actually says February 27, they probably forgot to email me right away.
March 9th - I got all the original documents via mail (fedex)
March 17th - Got an email from Philippine Embassy that my NOS was approved and forwarded to State Department
Waiting game. Everything went well and fast except when the documents were forwarded to State Department. (Maybe because of COVID). This is what my online account shows and it's not updated real time. I noticed they only update every two weeks and on a Friday.
April 1st: Packet was received
May 6th: NOS was received
May 21st: Favorable Recommendation sent to USCIS

Thank you everyone!
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Hi, congratulations on getting your waiver! I'm about to undergo the process of waiver application through the NOS.

Can I ask what kind of affidavit did you use? Is one "affidavit of undertaking" listing all the documents to be apostilled enough? Or do I need one affidavit for every document to be apostilled? Then the next steps are to notarize this affidavit and have the documents apostilled, right?
Thank you!
 
Hello Everyone,


Thank you for sharing your responses. It has been helpful so far. I would sincerely appreciate feedback to my question.

I travelled in 2022 on a J-1 Visa which was a program funded by the US. This means I am subject to the 212(e) homestay policy. However, I returned to my home country and spent 8 months so far and realized that I have received the DV lottery. How do I go about this since I am still serving the 2 years home stay. I would be happy to have some help to get a waiver.
 
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