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criandjen

RFE - J1 Visa

By criandjen in National Visa Center (Dept of State)

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patita Enthusiast

patita   0

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted
lord, are you absolutely sure? but if you are already married, they might waive this. there is hope. i know people who stayed in the country and just applied for the adjustment of status. and it was waived. so there is chance. your process will probably last longer but don't give up.

oceansea1..it would be waived if i was NOW in the USA.

now i dont even wanna go for the interview...

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oceansea1 Explorer

oceansea1   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

II. Waiver of the Three or Ten Year Bar of Inadmissibility for Overstays

1. Nonimmigrants

The 1996 reforms do not include a waiver of the three or ten year bar for nonimmigrants. The immigration laws do not, however, preclude a nonimmigrant from applying for a waiver under section 212(d)(3). Section 212(d)(3)makes available to nonimmigrants a general waiver for most grounds of inadmissibility.

2. Immigrants

The statute does not provide a specific waiver for the three or ten year bar for foreign nationals who are the spouse, son or daughter of a U.S. citizen or permanent resident. The waiver is not available to foreign nationals who only have children who are U.S. citizens or permanent residents. To obtain the waiver the foreign national must show that their U.S. citizen or permanent resident spouse or parents will suffer ‘extreme hardship’ if the foreign national is not allowed to return to the U.S. ‘Extreme hardship’ to the foreign national himself is not recognized for the purposes of the waiver.

http://www.visapro.com/Immigration-Articles/?a=173&z=30

there is a way it seems... read this link..."extreme hardship"!!!

Dated since 2004, 10/22/2008 Married in NY, wife left the country, returns on 01/06/2009 as a visitor (granted stay until July 2009)

01/15/2009 Sent I-130 package for CR1 to Chicago Lock Box, 01/19/2009 USCIS Chicago received the application

01/26/2009 USCIS sent out NOA1, 01/28/2009 Moneygrams Order cashed

02/24/2009 Case is in Vermont Processing Center (told by the USCIS by calling the free phone line)

03/02/2009 NOA2 mailed, application approved!!!! (47 days since we mailed I-130 package)

03/05/2009 NVC Received Case / Case number assigned

03/12/2009 DS-3032 / AOS fee bill generated and e-mailed to us, 03/12/2009 I e-mailed and snail mailed DS-3032 and paid AOS fee bill online

03/18/2009 NVC received DS-3032 and it was entered into the system (I never received email confirmation)

03/20/2009 IV Bill generated and I paid online

03/30/2009 Sent I-864 package to NVC, 03/31/2009 Sent DS-230 package to NVC

04/01/2009 IV fee shows unpaid, 04/03/2009 documents are under review (confirmed by operator)

04/06/2009 IV Fee finally shows PAID, 04/07/2009 AVR system says that IV bill has been processed, "instruction package" received by email

04/08/2009 AVR system says "NVC received your documents on April 3...", our case is under review...

04/10/2009 RFE issued for DS-230 Part I, but AOS accepted

04/14/2009 found out the exact issue with DS-230 and sent the response using Chris Parker's RFE shortcut and later in the day received an email checklist for RFE

04/15/2009 RFE response arrived to the NVC facility, 04/20/2009 RFE response received by NVC

04/23/2009 CASE COMPLETED, 06/02/2009 VISA RECEIVED

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patita Enthusiast

patita   0

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted
II. Waiver of the Three or Ten Year Bar of Inadmissibility for Overstays

1. Nonimmigrants

The 1996 reforms do not include a waiver of the three or ten year bar for nonimmigrants. The immigration laws do not, however, preclude a nonimmigrant from applying for a waiver under section 212(d)(3). Section 212(d)(3)makes available to nonimmigrants a general waiver for most grounds of inadmissibility.

2. Immigrants

The statute does not provide a specific waiver for the three or ten year bar for foreign nationals who are the spouse, son or daughter of a U.S. citizen or permanent resident. The waiver is not available to foreign nationals who only have children who are U.S. citizens or permanent residents. To obtain the waiver the foreign national must show that their U.S. citizen or permanent resident spouse or parents will suffer ‘extreme hardship’ if the foreign national is not allowed to return to the U.S. ‘Extreme hardship’ to the foreign national himself is not recognized for the purposes of the waiver.

http://www.visapro.com/Immigration-Articles/?a=173&z=30

there is a way it seems... read this link..."extreme hardship"!!!

I will be very hard for my husband to show then the extreme hardship - because we dont have any children, we dont own a company there...

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oceansea1 Explorer

oceansea1   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

yes, it seems it is very hard to prove extreme hardship.

what i would do is see first about that 30-day grace period. i thought that all j-1 visas had that.

and explore this forum and other websites. you can submit medical documentation, maybe your husband's parents are old and he has to stay in the us to take care of them, or something similar. . .

Dated since 2004, 10/22/2008 Married in NY, wife left the country, returns on 01/06/2009 as a visitor (granted stay until July 2009)

01/15/2009 Sent I-130 package for CR1 to Chicago Lock Box, 01/19/2009 USCIS Chicago received the application

01/26/2009 USCIS sent out NOA1, 01/28/2009 Moneygrams Order cashed

02/24/2009 Case is in Vermont Processing Center (told by the USCIS by calling the free phone line)

03/02/2009 NOA2 mailed, application approved!!!! (47 days since we mailed I-130 package)

03/05/2009 NVC Received Case / Case number assigned

03/12/2009 DS-3032 / AOS fee bill generated and e-mailed to us, 03/12/2009 I e-mailed and snail mailed DS-3032 and paid AOS fee bill online

03/18/2009 NVC received DS-3032 and it was entered into the system (I never received email confirmation)

03/20/2009 IV Bill generated and I paid online

03/30/2009 Sent I-864 package to NVC, 03/31/2009 Sent DS-230 package to NVC

04/01/2009 IV fee shows unpaid, 04/03/2009 documents are under review (confirmed by operator)

04/06/2009 IV Fee finally shows PAID, 04/07/2009 AVR system says that IV bill has been processed, "instruction package" received by email

04/08/2009 AVR system says "NVC received your documents on April 3...", our case is under review...

04/10/2009 RFE issued for DS-230 Part I, but AOS accepted

04/14/2009 found out the exact issue with DS-230 and sent the response using Chris Parker's RFE shortcut and later in the day received an email checklist for RFE

04/15/2009 RFE response arrived to the NVC facility, 04/20/2009 RFE response received by NVC

04/23/2009 CASE COMPLETED, 06/02/2009 VISA RECEIVED

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patita Enthusiast

patita   0

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted
yes, it seems it is very hard to prove extreme hardship.

what i would do is see first about that 30-day grace period. i thought that all j-1 visas had that.

and explore this forum and other websites. you can submit medical documentation, maybe your husband's parents are old and he has to stay in the us to take care of them, or something similar. . .

i already talked to a lawyer and the grace period doesnt count towards my legal stay!

we are trying to figure something out but i think there is no way out here!

thank you for all your help

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oceansea1 Explorer

oceansea1   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

i am really sorry to hear that, but i think a lot of it might depend on the consular officer you talk to during the interview. if you show him that you are really apologetic, maybe he can guide you how to work through this...i don't know what to say.

Dated since 2004, 10/22/2008 Married in NY, wife left the country, returns on 01/06/2009 as a visitor (granted stay until July 2009)

01/15/2009 Sent I-130 package for CR1 to Chicago Lock Box, 01/19/2009 USCIS Chicago received the application

01/26/2009 USCIS sent out NOA1, 01/28/2009 Moneygrams Order cashed

02/24/2009 Case is in Vermont Processing Center (told by the USCIS by calling the free phone line)

03/02/2009 NOA2 mailed, application approved!!!! (47 days since we mailed I-130 package)

03/05/2009 NVC Received Case / Case number assigned

03/12/2009 DS-3032 / AOS fee bill generated and e-mailed to us, 03/12/2009 I e-mailed and snail mailed DS-3032 and paid AOS fee bill online

03/18/2009 NVC received DS-3032 and it was entered into the system (I never received email confirmation)

03/20/2009 IV Bill generated and I paid online

03/30/2009 Sent I-864 package to NVC, 03/31/2009 Sent DS-230 package to NVC

04/01/2009 IV fee shows unpaid, 04/03/2009 documents are under review (confirmed by operator)

04/06/2009 IV Fee finally shows PAID, 04/07/2009 AVR system says that IV bill has been processed, "instruction package" received by email

04/08/2009 AVR system says "NVC received your documents on April 3...", our case is under review...

04/10/2009 RFE issued for DS-230 Part I, but AOS accepted

04/14/2009 found out the exact issue with DS-230 and sent the response using Chris Parker's RFE shortcut and later in the day received an email checklist for RFE

04/15/2009 RFE response arrived to the NVC facility, 04/20/2009 RFE response received by NVC

04/23/2009 CASE COMPLETED, 06/02/2009 VISA RECEIVED

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oceansea1 Explorer

oceansea1   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

just info, case completed on 04/23/2009 and interview scheduled 06/02/2009

four and a half months after sending in I-130 package. wonderful.

Dated since 2004, 10/22/2008 Married in NY, wife left the country, returns on 01/06/2009 as a visitor (granted stay until July 2009)

01/15/2009 Sent I-130 package for CR1 to Chicago Lock Box, 01/19/2009 USCIS Chicago received the application

01/26/2009 USCIS sent out NOA1, 01/28/2009 Moneygrams Order cashed

02/24/2009 Case is in Vermont Processing Center (told by the USCIS by calling the free phone line)

03/02/2009 NOA2 mailed, application approved!!!! (47 days since we mailed I-130 package)

03/05/2009 NVC Received Case / Case number assigned

03/12/2009 DS-3032 / AOS fee bill generated and e-mailed to us, 03/12/2009 I e-mailed and snail mailed DS-3032 and paid AOS fee bill online

03/18/2009 NVC received DS-3032 and it was entered into the system (I never received email confirmation)

03/20/2009 IV Bill generated and I paid online

03/30/2009 Sent I-864 package to NVC, 03/31/2009 Sent DS-230 package to NVC

04/01/2009 IV fee shows unpaid, 04/03/2009 documents are under review (confirmed by operator)

04/06/2009 IV Fee finally shows PAID, 04/07/2009 AVR system says that IV bill has been processed, "instruction package" received by email

04/08/2009 AVR system says "NVC received your documents on April 3...", our case is under review...

04/10/2009 RFE issued for DS-230 Part I, but AOS accepted

04/14/2009 found out the exact issue with DS-230 and sent the response using Chris Parker's RFE shortcut and later in the day received an email checklist for RFE

04/15/2009 RFE response arrived to the NVC facility, 04/20/2009 RFE response received by NVC

04/23/2009 CASE COMPLETED, 06/02/2009 VISA RECEIVED

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