J-1 people< plz help. got news

[leha.sotokin 0]

Hello everyone,

Over the last three months I've been figuring out what to do with my 2 HRR. Currently im on f-1 status, but got married last year.

I thought I have to get a waiver for cancel that 2 HRR, but today I called the uscis, they told me that I just need to file all the packges for aos, and dont need a waiver or anything. They told me that as long as im married to the usc, anyone with 2 HRR can file. is that true with u guys? have anyone heard about it?

Please answer as many as u can,

THank you

[KIMCORENE 0]

I'm pretty sure you asked this already.It is implicitly stated that marriage to a USC does not exempt you from the requirement. The following are the only ways you can waive the requirement. They will just take the money and reject your application. Here is info from the Dept of State:

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers can be obtained under five separate bases: No Objection Statement, Exceptional Hardship or Persecution, Conrad Program, or Interested Government Agency.

This is taken from the redacted field officers manual available on uscis.gov:

Current Provisions of the Two-year Residency Requirement . If the alien is subject to the 2-year foreign residency requirement, he or she is barred under section 212(e) of the Act from filing any:

• Application for an immigrant visa or permanent residence;

• Application for a nonimmigrant visa under section 101(a)(15)(H) (temporary worker) or section 101(a)(15) (intracompany transferee) of the Act;

• Application for adjustment of status under ANY section of law (including adjustment under section 209 as an asylee or refugee)

• Application for change of status to either the H or L nonimmigrant category.

I recommend you speak with a lawyer if you find this information hard to believe, but what you were told was erroneous and can be detrimental to your immigration process.

Edited February 13, 2009 by KIMCORENE