Waiver

[dragonleo 0]

My wife's J-1 visa expired Sept' 13, 2007 she went back home on Feb' 25, 2007 I am filing a (I-130) and (I-129F) next week, I heard that I need a waiver since she overstayed, she did not overstay past 6 months, but I can not find out about any waiver that I need to send with My (I-130 & I-129) does anyone know about this waiver???

Thanks JT&NATASHA

[YuAndDan 153]

Waivers are filed upon the request of the counselor officer at the consulate, not before.

Also consider the K-3 carefully, CR-1 is not taking much longer to get. Compare timelines.

One of the big reasons to NOT do K-3, it may be a bit quicker than CR-1 but has the pain of dealing with USCIS for EAD and AOS.

CR-1 is not taking much longer than K-3, CR-1 costs less, CR-1 gets Green-card upon entry, CR-1 can work, get SSN and driver's license shortly after arrival. K-3 needs EAD before being able to WORK, get SSN, or Driver's license. EAD can take 90 days or more to get.

Also cost compare:

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

[YuAndDan 153]

Only thing that confuses me about your post, you say visa expired Sep 07 and she left the USA Feb 07 which is BEFORE the visa expired, so whats the problem?

[dragonleo 0]

My wife's J-1 visa expired Sept' 13, 2007 she went back home on Feb' 25, 2008 I am filing a (I-130) and (I-129F) next week, I heard that I need a waiver since she overstayed, she did not overstay past 6 months, but I can not find out about any waiver that I need to send with My (I-130 & I-129) does anyone know about this waiver???

Thanks JT&NATASHA

My wife's J-1 visa expired Sept' 13, 2007 she went back home on Feb' 25, 2008 I am filing a (I-130) and (I-129F) next week, I heard that I need a waiver since she overstayed, she did not overstay past 6 months, but I can not find out about any waiver that I need to send with My (I-130 & I-129) does anyone know about this waiver???

Thanks JT&NATASHA

[KIMCORENE 0]

THIS MAY BE THE WAIVER FOR THE 2 YEAR FOREIGN RESIDENCY REQUIREMENT. MANY PEOPLE WHO HAVE/HAD J1 VISAS HAVE THIS STIPULATION WHICH REQUIRES THAT YOU RETURN TO YOUR HOME COUNTRY FOR 2 YEARS BEFORE APPLYING FOR CERTAIN CLASSES OF VISAS OR PERMANENT RESIDENCY. WHETHER THIS APPLIES TO HER WILL BE INDICATED ON HER DS-2019 AND HER VISA. IT SHOULD SAY BEARER SUBJECT TO 212 (E). TWO YEAR RULE DOES APPLY. OF THIS IS THE CASE, SHE HAS TO APPLY FOR A WAIVER FROM THE DEPARTMENT OF STATE.

SEE THE FOLLOWING LINK:

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

HERE IS ANOTHER, MORE DETAILED LINK:

http://travel.state.gov/visa/temp/info/info_1288.html

Edited July 24, 2008 by KIMCORENE

[KIMCORENE 0]

ANY APPLICATIONS FILED WITH USCIS WILL BE REJECTED IF THE WAIVER HAS NOT BEEN RECEIVED OR IF SHE HAS NOT COMPLETED THE 2 YRS IN HER COUNTRY.

[dragonleo 0]

thanks so much KIMCORENE