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To be J1/J2 visa holder, J2 DV2008 lottery winner CN EU87XX

noktuki

Registered Users (C)
Hello everyone,

My situation is: A month ago, I've recieved a scholarship form US organization and I will be in US from August, 2007 to Mid-May, 2008, with my wife on J1/J2 visas.

Yesterday, my wife recieved DV 2008 notification letter with the case number EU000087XX.

Based on the threads I've read on this forum, the CN is "in the middle", not too low, not too high, and the fact is the interview will probably take place in 2008, and most likely during our stay in US on J1/J2 visa.

My questions:
1. What are the options for us? Are both CP and AOS plausible for us? Mind you, we know in which city we will live in the US, but we don't have a place there yet (no address).
2. How many times does she have to go back to Europe if we decide to go with CP for DV? Only once, for the interview or more?
3. Concerning 2-year HRR, how and when will we find out if it applies to us? And if it does, does it explicitly exclude us from getting GC via DV?
4. If anyone sees another problem I haven't mentioned concerning the case, please fill me in.

Thanks everyone a bunch for the effort and useful info I found in these discussion groups.
 
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3. Concerning 2-year HRR, how and when will we find out if it applies to us? And if it does, does it explicitly exclude us from getting GC via DV?
what does your DS-2019 form say? and yor visa? who is financing your program? is your profession on the skills list for Department of State?

http://travel.state.gov/visa/temp/types/types_1267.html#12

http://exchanges.state.gov/education/jexchanges/participation/waivers.htm

if you are subject, then - yes, it specifically precludes you from getting any GC.
 
what does your DS-2019 form say? and yor visa? who is financing your program? is your profession on the skills list for Department of State?

http://travel.state.gov/visa/temp/types/types_1267.html#12

http://exchanges.state.gov/education/jexchanges/participation/waivers.htm

if you are subject, then - yes, it specifically precludes you from getting any GC.

Hello Lucy,

According to http://travel.state.gov/visa/temp/types/types_1267.html#12 I am a subject because my scholarship is being financed by US Department of State.

So, is my only chance to get a waiver (http://travel.state.gov/visa/temp/info/info_1296.html)? Or is there another way around this? Is my wife (J2) also subject to the INA 212(e) requirement: I am the one being funded by the US Dept. of State, and she only obtained J2 visa because of mine scholarship/J1: I am financing her during the stay in US (I had to send the bank statement with xxxxx $ for her to get the J2)?

Concerning the visa, I still haven't got one: the officer in my Consular Office explained that I can get J1/J2 in 24 hours time, and he will make arrangements for our visas for us only few days before our departure. Anyways, I don't have it yet and I still haven't filed the ds2019.
Is there a way for my wife to get the GC, and potentially, get the interview and enter the US within 6 months?
What do you suggest in our specific case? Her not going to US using J1 is not really an option for us, because we'd be separated for a year, and her DV lottery is not yet a sure thing, so we're dazed and confuzed...
 
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if your wife enters on J-2, she will also be a subject.

Since you are financed by US DOS, your chance of getting a waiver is null to none. Check out the J-1 subforum.

Since your wife won, she can get a GC by herself, if she doesn't enter on J-2. That's, if she qualifies otherwise (her country of birth and her education).

How important is this J-1 program for you? You have to decide whether J-1 or a chance for a GC is more important. It's a difficult decision to make. Good luck!

Your number is pretty good, you could interview in December-January if you weren't subject to HRR.
 
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if your wife enters on J-2, she will also be a subject.

Since you are financed by US DOS, your chance of getting a waiver is null to none. Check out the J-1 subforum.

Since your wife won, she can get a GC by herself, if she doesn't enter on J-2. That's, if she qualifies otherwise (her country of birth and her education).

How important is this J-1 program for you? You have to decide whether J-1 or a chance for a GC is more important. It's a difficult decision to make. Good luck!

Your number is pretty good, you could interview in December-January if you weren't subject to HRR.

Thanks again, Lucy.

I'm not 100% sure the scholarship I recieved (Fulbright) is funded by US DOS. If anyone is sure, pls let me know, so I know what our chances are...
I might be far off, but it says there is a "No Objection Statement" my government could issue for me to get the waiver for J1. Is that a possible solution to my problem?

Is there any other option for my wife to "get around" the J2 visa, so she doesn't get affected by 2-year HRR? Some tourist visa or smt like that? So she could participate in DV. And if there is, and I stick with J1, could she drag me with her if she gets it, and I get the 2-year HRR?
 
as a Fulbrighter, you don't have a chance for a waiver. It's tough.

A no-objection letter from your govt will not solve your problem. DOS also requests your sponsor's view - and it's not going to be positive.

If your wife can get a B1/2, she will not be subject to HRR, but she will be able to file for AOS when her case number becomes current in December-January. She needs to be in legal status at the moment of filing for AOS.

And if there is, and I stick with J1, could she drag me with her if she gets it, and I get the 2-year HRR?
what exactly do you mean? if you are subject to HRR, she cannot "drag" you with her. You will still be ineligible to apply for a GC.
 
as a Fulbrighter, you don't have a chance for a waiver. It's tough.

A no-objection letter from your govt will not solve your problem. DOS also requests your sponsor's view - and it's not going to be positive.

If your wife can get a B1/2, she will not be subject to HRR, but she will be able to file for AOS when her case number becomes current in December-January. She needs to be in legal status at the moment of filing for AOS.

what exactly do you mean? if you are subject to HRR, she cannot "drag" you with her. You will still be ineligible to apply for a GC.

So, the only option is for my wife not to recieve J-2, and to get a B1/2? Does she have to file for AOS, or she could go with the CP?

By dragging, I meant that she gets the GC, and that I follow her after 2year HRR, and could my GC obtained by DV still be valid? But I've done some more reading, and I think my J1 would exclude me from the DV altogether, because of the 2-year HRR...

I've contacted the embassy, to confirm the facts (if J1/J2, no GC via DV because 2year HRR), and will post the reply when I get one.
 
Crystal Clear

So, the only option is for my wife not to recieve J-2, and to get a B1/2? Does she have to file for AOS, or she could go with the CP?

By dragging, I meant that she gets the GC, and that I follow her after 2year HRR, and could my GC obtained by DV still be valid? But I've done some more reading, and I think my J1 would exclude me from the DV altogether, because of the 2-year HRR...

I've contacted the embassy, to confirm the facts (if J1/J2, no GC via DV because 2year HRR), and will post the reply when I get one.
As a former J-1 visa holder, who has spent a long time dealing with the waiver process, I will advise that you defer your J1/J2/Fulbright scholarship till next year, process your DV and come in as an Immigrant.
If the DV does not succeed, then you can fall back on your deferred Fulbright next year.
Trust me, trying to go the J-1 route is not worth the stress/angst if you are planning to Immigrate to the US eventually.
You can always get a Fulbright [ you are very intelligent]; but getting another DV is 1:680,000.
 
As a former J-1 visa holder, who has spent a long time dealing with the waiver process, I will advise that you defer your J1/J2/Fulbright scholarship till next year, process your DV and come in as an Immigrant.
If the DV does not succeed, then you can fall back on your deferred Fulbright next year.
Trust me, trying to go the J-1 route is not worth the stress/angst if you are planning to Immigrate to the US eventually.
You can always get a Fulbright [ you are very intelligent]; but getting another DV is 1:680,000.

Thank you, Baba Aladura, for these valuable and exact pieces of information.

Can you please tell me if the process of defering Fulbright scholarship is straightforward (is there a common practice of defering), and will I have to re-apply for the Fulbright again?

Of course, I've asked the embassy this question also: still waiting for reply, so I can decide what to do. As I promised, when/if I recieve relevant infos from them, I'll post them here.
 
Your number is low enough that your GC is almost guaranteed. If you are really determined to live in USA permanently, don't risk with J1 status. Your opportunities will be far more when you become US PR/citizen. Good luck!
 
So, the only option is for my wife not to recieve J-2, and to get a B1/2? Does she have to file for AOS, or she could go with the CP?
either. Better if she does CP. She cannot come into the States on a non-immigrant visa with immigrant intentions.

By dragging, I meant that she gets the GC, and that I follow her after 2year HRR, and could my GC obtained by DV still be valid?
of course, not. You have to get your visa by Sep 30, '08. If you don't (and you will not because of HRR), you can only be "dragged" with your wife after about 5-6 years (or when she becomes a citizen).

But I've done some more reading, and I think my J1 would exclude me from the DV altogether, because of the 2-year HRR...
Not altogether. Just not until after two years after your J-1 program ends. However, you still won't be able to get a GC for another 2-3 years (assuming the program is for 1 year).
 
Immigrant Intent

Thank you, Baba Aladura, for these valuable and exact pieces of information.

Can you please tell me if the process of defering Fulbright scholarship is straightforward (is there a common practice of defering), and will I have to re-apply for the Fulbright again?

Of course, I've asked the embassy this question also: still waiting for reply, so I can decide what to do. As I promised, when/if I recieve relevant infos from them, I'll post them here.
Just to clarify something; I just realized that once you process the DV, you have declared Immigrant Intent. As such, theoretically, you MAY not be eligible for the J1 visa next year [assuming the DV did not work out].
I think it is a moot point, though, since you are likely to succeed with the DV.
I will still go with the DV.
By the way, just to establish the facts, can you ask the Embassy if you are subject to the HRR [you might not be].
I am not sure of the process for deferring the Fulbright; I just assumed that it was possible; since unexpected circumstances can happen to anybody causing them to change their plans.
 
Just to clarify something; I just realized that once you process the DV, you have declared Immigrant Intent. As such, theoretically, you MAY not be eligible for the J1 visa next year [assuming the DV did not work out].
I think it is a moot point, though, since you are likely to succeed with the DV.
I will still go with the DV.
By the way, just to establish the facts, can you ask the Embassy if you are subject to the HRR [you might not be].
I am not sure of the process for deferring the Fulbright; I just assumed that it was possible; since unexpected circumstances can happen to anybody causing them to change their plans.

I've just spoken to the nice lady in the embassy, handling my Fulbright. She said that a GC would exclude me from the Fulbright forever (she even mentioned a guy a few years back that cut his GC so he could go to Fulbright). Anyhow, defering Fulbright is not an option. Either GC, or Fulbright.
She also promised to check with others in embassy who are more familiar with DV and the implications. As soon as I get the info, I'll post it here.
 
Fulbrighters are 100% subject to HRR. Read the J-1 subforum.

she even mentioned a guy a few years back that cut his GC so he could go to Fulbright
first, what an idiot. Second, simply cutting his GC doesn't make him a non-resident. You have to surrender your GC at the embassy. Third, IMHO - being a US resident offers you many more opportunities than being a J-1 Fulbrighter (subjective, of course, depends on your country and your personal situation).
 
actually, participating in and winning DV lottery should pretty much diminish your chances of getting J-1. You know - immigrant intent.
 
Fulbrighters are 100% subject to HRR. Read the J-1 subforum.

first, what an idiot. Second, simply cutting his GC doesn't make him a non-resident. You have to surrender your GC at the embassy. Third, IMHO - being a US resident offers you many more opportunities than being a J-1 Fulbrighter (subjective, of course, depends on your country and your personal situation).

I wouldn't be so brave as to call him an idiot. If one takes a bit different perspective (although most people on this forum have one perspective: getting GC, and then US Citizenship), one can understand the action of this man (of course, I presume he didn't actually just cut his card, but notified authorities that had to be notified):

a) Being a researcher and finishing PhD on Harvard or MIT, via Fulbright (the chances of getting in either one of these Universities without Fulbright organization for a foreign person, even with GC is very, very slim) is really a big thing, and could be worth more than GC in ones life. Especially given the fact that PhD aquired on these Universities worths the same, if not more, outside USA.

b) Presuming that one got the GC before the Fulbright opportunity, we have to acknowledge the fact that for some people, especially for ones from developed countries, GC and US citizenship is not such a big thing. They can even be better off in their home country, or wherever outside US, with the aforementioned PhD, obtained via Fulbright grant.

Anyhow, opinions are not as valuable as facts regarding these topics, so here's what I've been told by the Fulbright lady in the embassy, and by the DV Visa guy (just off the phone with both of them):

Fulbright lady confirmed that there's no chance of defering or getting the Fulbright if we process the DV. Ever. Explanation: we become US LPR and we're not subject to the bilateral conditions of Fulbright grant - it is given to the foreign citizens to do the research in USA (immigrant nature of DV excludes one from Fulbright).
There is 99% possibility of getting 2 year HRR if we go to US via Fulbright/J visa. Also, there is very low possibility of getting a waiver (as the lady said, the DOS will not give it out).
I was shy enough to ask what happens if I get the J1, don't get the 2 year HRR (1% chance of that), and procede with the DV. I'd like to know would they take away my J1 and deport me out of the US, or I could stay and finish the work on Fulbright. If anyone knows, please provide an answer. I'm not fooling myself: it's obvious the chances are as slim as they could be for this to happen.

As for the guy handling the DV, he knew far less about the process than I hoped.
I asked about the processing, concerning the DV Case Number and the need for the forms to be sent to KCC ASAP.
He was vague about it, and said that the best thing is to send the forms ASAP (of course). On my question: is it more important to send the forms ASAP or does the CN have more impact (I mentioned the monthly bulletin from travel.state.gov), on which I didn't get direct reply..
It's unbelievable that nobody knows explicitly how the KCC handles the DV Lottery winners. It's obvious that CN plays great role, but one's always advised to send the forms ASAP...

I'd like for anyone who had problems sending the forms a bit later (say, until October, although there's been examples of people sending the forms even later, e.g. Catseyes, and everything was ok, although there was a bit of delay for the interview) and who had CN that came up as current at any point of time during the eligibility of DV that year, to post his/her problems regarding the matter.

Back to the track, the DV guy also explained that we have really good chances of getting an interview, not even asking me for the CN. I'm presuming he said so regarding the fact I'm in a country that has low number of immigrants to the US (he mentioned Ukraine, Bangladesh and Nigeria during the conversation about chances of getting an interview, as the countries with high immigrant number).

He also suggested to send the forms to KCC using DHL or FedEx just to be on a safe side.

When I asked about the chances of a successful interview, concerning the fact both of us, my wife and I, have higher education, but she as a petitioner will not have 2 year work experience, he said that not having 2 year experience doesn't minimize our chances and that interviews are different from case to case.

That's what I got from both of them.

One more question: my wife was single when applied for the DV, and now she's married, obviously. Should we just file the forms normally, or should we include some sort of explenation followed with our marriage certificate?
 
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I was shy enough to ask what happens if I get the J1, don't get the 2 year HRR (1% chance of that), and procede with the DV. I'd like to know would they take away my J1 and deport me out of the US, or I could stay and finish the work on Fulbright. If anyone knows, please provide an answer.
You WILL be subject to HRR. Guaranteed. You won't be able to apply for AOS or CP simply because the forms ask you whether you are a subject and make you ineligible for either AOS or an immigrant visa. If you file the forms, you will simply be denied. You will not be deported if you are still in legal status.

One more question: my wife was single when applied for the DV, and now she's married, obviously. Should we just file the forms normally, or should we include some sort of explenation followed with our marriage certificate?
include a cover letter and a copy of a marriage certificate

It is important to send the forms early when you do CP. Your case number determines when you will be interviewed in regards to all of the applicants, and an early receipt of your forms will determine where you will be in line among the applicants with the same current case numbers.

For example, you and your friend have a case number that become current at the same time. However, you sent your forms in June, and he sent his forms in October. There is a very good definite chance of your interview happening a lot earlier than his. There is also a chance that you will get your visas, and they will suddenly end (for your country or region) before your friend gets to interview.
 
wouldn't be so brave as to call him an idiot. If one takes a bit different perspective (although most people on this forum have one perspective: getting GC, and then US Citizenship), one can understand the action of this man (of course, I presume he didn't actually just cut his card, but notified authorities that had to be notified):
it's an immigration forum. People are usually here because they want to immigrate, and somebody who voluntarily gives up his GC for a scholarship - well, we may understand him, but most of us will still think he is crazy. No matter how good the scholarship is. I know a few non-immigrants (one of them was 17 when she got into MIT) at the abovementioned universities (on H4, F1 visas), and immigrants as well, who are not Fulbrighers. They are just smart.

It's your choice and you'll have to make it, and live with it. Good luck!

P.S. I cried when I finally got a waiver, 10 years after my J-1 program ended, and I could finally apply for my GC. It's different for everyone.
 
If your only goal is to go to USA to further your studies and then apply them in your country, then choose J-1. GC is for people who have serious intentions to change their lives and permanently live in USA.
 
Do you think I'll have problems receiving J1 since I've filed for DV?
you may, since you will have to indicate that an immigrant petition was filed for you on the non-immigrant visa application

Also, what are my chances for getting a waiver from J1 via No Objection, since this is only a six week program and is not of significant importance for my country?
nobody can predict. DOS is known to refuse waivers for programs where a J-1 student got about a $1,000 to participate. Your government may also refuse to issue a no objection letter. Some governments do not issue one for anyone.

Pick what's more important to you and your future.
 
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