DELAYED J1 WAIVER PROCESSING, SEPTEMBER 2008

[Lianne1014 0]

Hello! This is a new topic and for those who had experience and know things about the J1 waiver processing.

I would appreciate it if you could give some insights. I am a J1 visa holder and subject to the 2 Year Home-Residency Requirement (2YHRR). I was able to get a No Objection Statement from the Philippines in August and sent my package to the Department of State in September. Documents were received on the following dates:

September 8 ------------- DS-2019

September 8 ------------- fee ($215)

September 8 ------------- form (DS-3035)

September 17 ------------- No Objection Statement (from the Philippine Embassy in Washington, DC)

September 25 ------------- Statement of Reason

It's been 10 weeks already since the last document was cleared. The processing times according to the DOS website for No Objection is 6-8 weeks. The program that I am in is not funded by any agencies so the funding question is out in the picture. I am on a teacher category.

Is there anybody here who filed a J1 waiver based on No Objection from July 2008? I just wanted to know how long did it take for you to receive the recommendation from the DOS.

I sent DOS a fax letter just 3 days ago to inquire about my case. I was told that since it has been more than 8 weeks, I can do that ---- but I called them the next day and asked how long will it take for them to make a reply on the fax letter, they said that it will take them 3 weeks to go over fax letters. (I don't know if they are trying to be funny but 3 weeks to read a fax letter is too long). So, right now, I am still waiting it's been extremely painful.

Thanks!

[Seekingadvice 0]

Hi! I came on a j-i visa and got the no objection letter. It probably took a month or 2 before I got the actual waiver....

[KIMCORENE 0]

The processing seems to be completely different from what they say- they received my NOS on Sept. 22nd and I received the favorable recommendation online the same day and the hard copy in the mail later in the week. They do claim they "don't have the manpower" to deal with inquiries but keep calling, faxing and writing.

[Lianne1014 0]

Hello! DOS granted favorable recommendation which was great. They updated online - December 5 as Recommendation Sent and Decision was Favorable Recommendation. I am still waiting for the hard copy. I am done with the medical and I have gathered all my papers already. I am just waiting for the hard copy that I needed to include in the package.

My question if anybody can answer : Is it ok to send the I-485, I-765 and I-131 with the Department of State copy of the J1 waiver? My waiver was based on the No Objection Statement. According to what I have read online, there is no need to wait for the J1 waiver from USCIS. Thanks!

[Lianne1014 0]

Kim Corene and Seekingadvice ----- Do you guys mind if you could post your j1 waiver timeline? It's been a week now since the DOS sent the recommendation (Dec.5) and I haven't received it in the mail yet. I also would like to find out how long did it take for the USCIS to send the Notice of Action for the Final Waiver and the actual date that your Final Waiver was granted by the USCIS. I called DOS and they said that decisions are sent electronically from DOS to USCIS. I called USCIS (I-612 section) and they do not have a receipt number for it yet and it is still untraceable. Thanks!

I am getting impatient already because my I-485, I-131 and I-765 papers are still waiting. We are already having some financial issues because I couldn't work now and every single week is important to us. My husbnad's I-130 application where I am the beneficiary is also still pending and it was filed in April 15, 2008. It got transferred from VSC to CSC in November 6 and we are not hearing about it. I called USCIS about it and confirmed that my case is already outside the normal processing times. I am just waiting for my husband to call USCIS during lunch today to request for immediate action (that's what the USCIS personnel had advised me).

[KIMCORENE 0]

First off- yes, you can send in your AOS package with the letter from the DoS- remember USCIS will already have everything and they make the final decision on the waiver. As for my timeline, here it is:

June 3rd: DS-3035 and accompanying documents received by DoS

September 22nd: No Objection statement received by DoS

September 22nd: Favorable recommendation sent to USCIS

September 23rd: Hard copy mailed to me

September 27, 2008: Hard Copy received

October 9th: Notice date on approval notice from USCIS

I moved so they remailed my notice, so I don't remember exactly when I got the hard copy. Hope this helps,lol.

[Lianne1014 0]

Thank you Kim Corene! I think the problem in my case is the post office in our area. It takes about 5-7 days for our mails to be delivered. I called them yesterday and I was able to clear that out. I needed to call them anyway (complain), not only because of the J1 waiver ---- we always get our mails late ---- last month it took 8 days for a local mail to reach us when the normal delivery is only 2-3 days. As for the I-130, my husband called USCIS yesterday. He requested immediate action because our application is with the USCIS for 8 months now and made sure that the call was noted. Just this morning, I checked the status online and the last update was dated 12/12/2008. So, I think they are actively working on it. According to the person that he spoke to, if you won't hear from them 61 days after the transfer, you need to call USCIS. If your paper is with them longer than 6 months from the time you filed the I-130 (doesn't matter where - VSC fro example) , you need to bring your case to their attention because that is considered outside normal processing time already. Thanks again and have a great weekend!

[Lianne1014 0]

Hello! Happy New Year!

Kim Corene ---- I finally got my J1 waiver from USCIS --- I sent my AOS, EAD and AP packets in December but they returned it back to me simply because at that time, my I-130 Approval Notice has not arrived yet so I sent them a copy of the transfer notice - that was a wrong move, I understand. So, just early this week, I re-filed the AOS, EAD and AP altogether with a copy of the I-130 Approval Notice and the USCIS J1waiver approval notice.

However, just today, I received a letter from National Visa Center asking for a $70 payment for the I-864. I am confused because I knew I sent $1010 to USCIS and according to the information, I do not need to pay for an additional $70 ----- Is this correct based on your experience? I am doing Adjustment of Status and not Consular Processing so I really do not know how the NVC and the Department of State got involved with my AOS application. I am about to call USCIS and NVC on Monday to be sure but I would appreciate it if I can hear from a fellow AOS applicant. Thanks!

[KIMCORENE 0]

Hello! Happy New Year!

Kim Corene ---- I finally got my J1 waiver from USCIS --- I sent my AOS, EAD and AP packets in December but they returned it back to me simply because at that time, my I-130 Approval Notice has not arrived yet so I sent them a copy of the transfer notice - that was a wrong move, I understand. So, just early this week, I re-filed the AOS, EAD and AP altogether with a copy of the I-130 Approval Notice and the USCIS J1waiver approval notice.

However, just today, I received a letter from National Visa Center asking for a $70 payment for the I-864. I am confused because I knew I sent $1010 to USCIS and according to the information, I do not need to pay for an additional $70 ----- Is this correct based on your experience? I am doing Adjustment of Status and not Consular Processing so I really do not know how the NVC and the Department of State got involved with my AOS application. I am about to call USCIS and NVC on Monday to be sure but I would appreciate it if I can hear from a fellow AOS applicant. Thanks!

I'm happy to hear you finally got your waiver! The only way NVC would be asking for money is if on your I-130 you had indicated that in question 22 that you would be seeking a visa at an overseas consulate, but AOS does not require this payment, so give them a call to see what's up or schedule an Infopass.

[Lianne1014 0]

Hello. I am now joining the AOS waiting list. So far, all the docs are pending. I sent my package in December of 2008 but was returned a week after due to filing error so I sent the packet back just recently, January 7th.

My timeline:

January 7, 2009 ----------- Package received - Chicago , I-485, I-765 and I-131

January 15, 2009 ---------- NOA 1 for all 3

January 20, 2009 ---------- Recieved Biometrics Notice code 3 for I-485 and I-765 scheduled for Feb. 5, 2009

January 21, 2009 ---------- Went to Atlanta ASC to check if early biometrics can be done

January 22, 2009 ---------- Got a Walk-In Biometrics Appointment ---- Yey!

January 23, 2009 ---------- called USCIS to request expedite processing request for I-765 due to severe financial loss (I

haven't been working since July and I need to work badly to help my husband cover expenses

and bills)

Now, I am waiting for the result of the request.

Anyway, do you guys have an idea as to whether NBC accepts expedite requests on I-765? Thanks!

[leha.sotokin 0]

Hey guys, I've read everyone's post, so glad that j1 is in here. I couldnt find anyone with j1 in anyother forum. I hope everyone's doing well,

I need you help really bad, I have a lot of questions. I'll trully appriciate everyone's answer.

I got married in the middle of last year. I came with j1 w/ 2 HRR applied to it in 2006, but went back home and came back to the states the same year with F1. So, I got my ssc through my college to work oncampus, but I used it for off campus. I hope it wont affect my status. Anyways, I dont know where to start the waiver. My wife's income isn't enough to cover me as a sponsor, but hopefully we'll find a sponsor.

1. what waiver option should i use to get waived? I already tried no objection letter from my embassy, they told me they dont this kind of stuff, and I also heard that No objection letter is not the most effective ones. So I dont know what exactly to do in this case.

2. Will my situation using ssc offcampus affect my aos status when the time will come?

Thank you all,

Take care and good luck with everything,

Regards.

[soch 2]

Glad to see there J1 questions on VJ! I have a cousin in a J1, exoired yesterday 2.3.09. He has a 30day grace period to stay in the US. He will now begin the "no objection waiver" process since he is subject to the 2 year rule. My question is: Can he begin the process now while still in the US and continue abroad? Since he obviously will leave the country in March. He plans on putting his previous emplyers address for all his mail.

Is this ok? or should he begin this process while in his home country?

[KIMCORENE 0]

Glad to see there J1 questions on VJ! I have a cousin in a J1, exoired yesterday 2.3.09. He has a 30day grace period to stay in the US. He will now begin the "no objection waiver" process since he is subject to the 2 year rule. My question is: Can he begin the process now while still in the US and continue abroad? Since he obviously will leave the country in March. He plans on putting his previous employers address for all his mail.

Is this ok? or should he begin this process while in his home country?

I'd advise to start the process here, as many countries don't process the waiver if you have returned home. Dumb rule. If his employer agrees to his use of their address, that should not be a problem, but will they be willing to forward his mail to him? Maybe he would be better off using your address.

[Mimilenny 0]

Hi All.

I am so glad I found this site. I hope you guys can answer my qns.

I applied for AOS in August 2008. I also (at the same time) applied for a J1 waiver because I held a J1 before I came to the US as an F1.

Unfortunately USICS process was faster than the DOS. My husband and I went for the AOS interview Jan 29th 2009.

On Feb 2 2009 we received I-130 approval and I-485 denial stating that they called the DOS and were told that a decision on my waiver has not been made yet. They gave me 30 days to re-open the case if I get the waiver. I have been callling and writing DOS to see why they have delayed their decison. They received everything by Nov 27 2008.

Is there a way to ask them to expedite my case since i was given 30 days (now 10) from usics to send them a waiver recommendation? that is if it is positive.

PLEASE HELP

Edited February 21, 2009 by Mimilenny

[kimkaye 0]

The processing seems to be completely different from what they say- they received my NOS on Sept. 22nd and I received the favorable recommendation online the same day and the hard copy in the mail later in the week. They do claim they "don't have the manpower" to deal with inquiries but keep calling, faxing and writing.

I am married and would like to start filing my paperworks but i was told i am going to need a waiver because USCIS will not approve my I-485 if i cannot show that the 2yr HRR is waived. Hi Kimcorene i need your advise, I am planning on applying for a waiver of my 2 year home residency, i am requesting a waiver based on NO OBJection and woud like your help about the Statement of reason for the waiver application.