Problem at Interview ... HELP

[ACGeiger 0]

Hey all,

Its been a while since I have been on here so I am not sure exactly what sub-topic this post should be assigned to. Please move it to the desired location if this is incorrect.

So, this morning, my fiancee finally went into the US Embassy for an interview to get the visa. We were both really excited last night as we were ready for this process to be over. However, at the interview, we were informed that Linnéa is ineligible for a visa at this time because she had a J-1 student visa recently, and when a person signs for a J-1 student visa, they also sign an agreement to return to their country (in this case Sweden) and bestow their knowledge learned for a minimum of 2 years! Thus, Linnea would be ineligible for a visa at this time since it has only been one year since her J-1 visa ended.

So, Linnea was told that, although she passed her interview, she can't receive the visa until she gets a "NO OBJECTION STATEMENT" from her government. (This is the link to the no objection statement the embassy gave her: http://www.sweden.gov.se/sb/d/2059 ; )

This is a message from the US embassy:

The waiver is required since you have not been outside the U.S. for two years since you departed (which was in December 2008). The non-immigrant visa unit deals with non-immigrant visas such as J-1 visas and will probably be in a better position to answer your questions regarding the waiver process.

Sincerely,

Immigrant Visa Unit

TYPICAL SIDESTEP OF GOVERNMENT AGENCIES OF THIS GREAT BUREAUCRATIC PROCESS

So, from my understanding, Linnea needs to get a "No Objection Statement" from her government and then file with the state department here: http://travel.state.gov/visa/temp/info/info_1296.html in order to get the 2 year requirement removed and pay another fee of $275 and wait up to 5 months (as informed to her this morning by officials at the embassy) until she can get her visa.

My questions is, has anyone ever gone through a process such as this? If so, what should I expect? How long should I expect to wait (5 months??) Is there any unforeseen challenges I should be aware of? Is there a way to speed this up? And why does the government have to be so crazy???????

Thanks in advance for any help I receive from the board, you guys have been great!

Casey och Linnea

[Gary and Alla 3,694]

Hey all,

Its been a while since I have been on here so I am not sure exactly what sub-topic this post should be assigned to. Please move it to the desired location if this is incorrect.

So, this morning, my fiancee finally went into the US Embassy for an interview to get the visa. We were both really excited last night as we were ready for this process to be over. However, at the interview, we were informed that Linnéa is ineligible for a visa at this time because she had a J-1 student visa recently, and when a person signs for a J-1 student visa, they also sign an agreement to return to their country (in this case Sweden) and bestow their knowledge learned for a minimum of 2 years! Thus, Linnea would be ineligible for a visa at this time since it has only been one year since her J-1 visa ended.

So, Linnea was told that, although she passed her interview, she can't receive the visa until she gets a "NO OBJECTION STATEMENT" from her government. (This is the link to the no objection statement the embassy gave her: http://www.sweden.gov.se/sb/d/2059 ; )

This is a message from the US embassy:

The waiver is required since you have not been outside the U.S. for two years since you departed (which was in December 2008). The non-immigrant visa unit deals with non-immigrant visas such as J-1 visas and will probably be in a better position to answer your questions regarding the waiver process.

Sincerely,

Immigrant Visa Unit

TYPICAL SIDESTEP OF GOVERNMENT AGENCIES OF THIS GREAT BUREAUCRATIC PROCESS

So, from my understanding, Linnea needs to get a "No Objection Statement" from her government and then file with the state department here: http://travel.state.gov/visa/temp/info/info_1296.html in order to get the 2 year requirement removed and pay another fee of $275 and wait up to 5 months (as informed to her this morning by officials at the embassy) until she can get her visa.

My questions is, has anyone ever gone through a process such as this? If so, what should I expect? How long should I expect to wait (5 months??) Is there any unforeseen challenges I should be aware of? Is there a way to speed this up? And why does the government have to be so crazy???????

Thanks in advance for any help I receive from the board, you guys have been great!

Casey och Linnea

I find it hard to beleiev you are trying to lay something on the government when your fiancee clearly had a two year residency requirement and you are acting surprised there is a "problem". Yes she needs this and then you can apply for a waiver. Her government paid for her J-1 visa (or some portion of it) and the two year residency is to assure they get their money's worth. If she receives this from her government, the state department has been pretty good about issuing a waiver in the past. I am surprised you got a petition approval as you should have had the waiver before filing the petition. Other governments do not always issue these. We have some friends who were married here when the woman was here on a J-1 visa and spent their first two years marrried in Poland and than came here with a DCF.

[ACGeiger 0]

I find it hard to beleiev you are trying to lay something on the government when your fiancee clearly had a two year residency requirement and you are acting surprised there is a "problem". Yes she needs this and then you can apply for a waiver. Her government paid for her J-1 visa (or some portion of it) and the two year residency is to assure they get their money's worth. If she receives this from her government, the state department has been pretty good about issuing a waiver in the past. I am surprised you got a petition approval as you should have had the waiver before filing the petition. Other governments do not always issue these. We have some friends who were married here when the woman was here on a J-1 visa and spent their first two years marrried in Poland and than came here with a DCF.

I blame this on the government because we were never informed of this or had any knowledge. Had we received some a waiver before filing the petition or been informed of it, we wouldn't have been caught off guard. So yes, I am acting surprised there is a problem!

Please don't reply if your are only going to criticize me. Not once have I ever criticized you!

[payxibka 10,045]

I blame this on the government because we were never informed of this or had any knowledge. Had we received some a waiver before filing the petition or been informed of it, we wouldn't have been caught off guard. So yes, I am acting surprised there is a problem!

Please don't reply if your are only going to criticize me. Not once have I ever criticized you!

I am quite sure if your fiancee looks through her J-1 paper work it will be noted there (sometimes noted on the visa itself)... but that is water under the bridge now....

[TracyTN 237]

I do feel for you, but the onus is on the visa holder to understand the terms of the visa that they hold.

USCIS approved the petition because she was technically eligible to procure a K1 visa - she fulfilled their minimum requirements (you've met her in person in the last 2 years, you were both free to marry, no criminal issues, etc). They may have checked her previous entries to make sure they were legal, but that is as far as they likely go.

The approved petition was then sent to the consulate - the State Department - which has the sole discretion to issue visas. It would be at that time that the previous visa(s) would be cross checked. If they allowed her to do this, they'd have to allow everyone - and unfortunately, that is not how our government works.

Immigration is a complex process and if I've learned anything on my years around this board, it is that arming yourself with knowledge at every step is crucial. That sometimes involves verifying terms of previous visas held.

If you want to take that as criticism, then I can't control that, but it certainly isn't my intention.

[payxibka 10,045]

I am surprised you got a petition approval as you should have had the waiver before filing the petition.

Gary,

The USCIS does not make visa eligibility decisions... they make a decision if the applicant is eligible to apply for a particular visa. People with re-entry bans get petitions approved all the time only to be refused at the consulate. In this case the OP's fiancee was eligible to apply but is not yet eligible to receive based on circumstances OUTSIDE the perview of the USCIS petition process...

[ACGeiger 0]

I do feel for you, but the onus is on the visa holder to understand the terms of the visa that they hold.

USCIS approved the petition because she was technically eligible to procure a K1 visa - she fulfilled their minimum requirements (you've met her in person in the last 2 years, you were both free to marry, no criminal issues, etc). They may have checked her previous entries to make sure they were legal, but that is as far as they likely go.

The approved petition was then sent to the consulate - the State Department - which has the sole discretion to issue visas. It would be at that time that the previous visa(s) would be cross checked. If they allowed her to do this, they'd have to allow everyone - and unfortunately, that is not how our government works.

Immigration is a complex process and if I've learned anything on my years around this board, it is that arming yourself with knowledge at every step is crucial. That sometimes involves verifying terms of previous visas held.

If you want to take that as criticism, then I can't control that, but it certainly isn't my intention.

No, I apologize if I seemed harsh, I appreciate your response and I welcome any objective criticism. What I had a problem with was the particular language used in Gary's response "I find it hard to beleiev you are trying to lay something on the government when your fiancee clearly etc..." It felt more like he was attacking my character than anything else. But, as another poster put, its water under the bridge now.

Thanks for the response, it was very useful and it helped me understand why this situation came about.

Again, I am not trying to anger anyone, I am just here for help

[TracyTN 237]

Right on!

[Mloda88 0]

"I blame this on the government because we were never informed of this or had any knowledge."

I am sorry to say this but since your fiancee has the J-1 visa she should be able to find an annotation on her visa stating " Two-year rule applies. Bearer is subject to Section 212(E)" and she should be able to find the same information stated on her DS-2019. THerefore you can't say that you were not informed of this.

I feel sorry for both of you. I was in the USA for a year and a half on a J-1 Visa but the two-year rule didn't apply to me.

Good luck with everything!

Edited January 7, 2010 by Mloda88

[mrs. wife! 3]

Hi, I'm sorry you guys missed this information while applying for her visa. Anyway, I have a couple of friends that had the same rule applied and they got a lawyer and filled a waiver. The best thing you can do is find an attorney and get this 2 years rule waived.

I was on a J-1 visa too when I met my husband but I didn't have this rule.

Just make sure with the lawyer if you can start the application while waiting the waiver or if you have to wait the answer for this waiver to re-start the process.

Good luck to you both.

[Bobby+Umit 161]

No, I apologize if I seemed harsh, I appreciate your response and I welcome any objective criticism. What I had a problem with was the particular language used in Gary's response "I find it hard to beleiev you are trying to lay something on the government when your fiancee clearly etc..." It felt more like he was attacking my character than anything else. But, as another poster put, its water under the bridge now.

Thanks for the response, it was very useful and it helped me understand why this situation came about.

Again, I am not trying to anger anyone, I am just here for help

Some people (including myself) get a bit touchy when the blame is placed on the government, when clearly the onus is on the individual to ensure they met the requirements for a paticular visa/service.

Now - to answer some of your questions

My questions is, has anyone ever gone through a process such as this?

Yes, there are posts here of people doing this exact thing, most, if I remember right, needed the waiver. I have a friend that had to do this (In Va)

If so, what should I expect?

Another wait, more money spent, hopefully her government will not object.

How long should I expect to wait (5 months??)

From most of the timelines I saw online - pretty close to that wait time- State department has it at 3-4 months.

Is there any unforeseen challenges I should be aware of?

Her government saying "no" - but that really isn't unforseen....

Is there a way to speed this up?

A few states will help "speed" up the waiver, if the training is needed in that state (and they are in that state) (I know Virginia does that for Medical students (friend above) - but then - only puts the request in front of others from that state) (so probably no help for you)

And why does the government have to be so crazy???????

grrrrr - they are only following the rules, which she agreed to with the J-1

[ACGeiger 0]

Some people (including myself) get a bit touchy when the blame is placed on the government, when clearly the onus is on the individual to ensure they met the requirements for a paticular visa/service.

Now - to answer some of your questions

My questions is, has anyone ever gone through a process such as this?

Yes, there are posts here of people doing this exact thing, most, if I remember right, needed the waiver. I have a friend that had to do this (In Va)

If so, what should I expect?

Another wait, more money spent, hopefully her government will not object.

How long should I expect to wait (5 months??)

From most of the timelines I saw online - pretty close to that wait time- State department has it at 3-4 months.

Is there any unforeseen challenges I should be aware of?

Her government saying "no" - but that really isn't unforseen....

Is there a way to speed this up?

A few states will help "speed" up the waiver, if the training is needed in that state (and they are in that state) (I know Virginia does that for Medical students (friend above) - but then - only puts the request in front of others from that state) (so probably no help for you)

And why does the government have to be so crazy???????

grrrrr - they are only following the rules, which she agreed to with the J-1

Thanks! I understand its my responsibility to meet all the requirements. I truly was unaware of the 2 year requirement.

Hopefully there won't be a rejection for the waiver

Thanks for the help!

[lostinlove03 2]

I met my fiance while he was on a j1 as well in the US. And, we were fully aware of teh 2yr HRR, you sign it at the embassy when you pick-up your j1 visa. I am surprised your fiance didn't know about it. However, when we fell inlove and wanted to take the k1 route and contacted the USCIS they told us we had to obtain a waiver before they would even consider looking at our k1 visa.

There are several ways you can get your j1 HRR waived. The easier way and straight through way is a No Objection (that is what we did and it took 6 months). However, my fiance HRR was to Pakistan not Kenya even though he got his his visa through the Kenya embassy (I think thats why it took so long b/c his was through Pakistan).

Anyway, to obtain a no objection: You need to obtain a "no objection" letter from the program that sponosred your fiances j1, complete the no objection process through the state department (I was gonna put the link for you here, but I wasn't able to pull it up, slow net ), follow process for your embassy to get a no objection and both you and your embassy would have to send it to the state department. The state dept, will approve or deny--then fwd the case to the USCIS. USCIS will have final say so.

If the program the sponsored your fiance and your home country both provide a "no objection" state dept. in 99% cases will grant the waiver.

If you have any questions, let me know and I'll be more than happy to help you out. GOOD LUCK!!!

[ACGeiger 0]

I met my fiance while he was on a j1 as well in the US. And, we were fully aware of teh 2yr HRR, you sign it at the embassy when you pick-up your j1 visa. I am surprised your fiance didn't know about it. However, when we fell inlove and wanted to take the k1 route and contacted the USCIS they told us we had to obtain a waiver before they would even consider looking at our k1 visa.

There are several ways you can get your j1 HRR waived. The easier way and straight through way is a No Objection (that is what we did and it took 6 months). However, my fiance HRR was to Pakistan not Kenya even though he got his his visa through the Kenya embassy (I think thats why it took so long b/c his was through Pakistan).

Anyway, to obtain a no objection: You need to obtain a "no objection" letter from the program that sponosred your fiances j1, complete the no objection process through the state department (I was gonna put the link for you here, but I wasn't able to pull it up, slow net ), follow process for your embassy to get a no objection and both you and your embassy would have to send it to the state department. The state dept, will approve or deny--then fwd the case to the USCIS. USCIS will have final say so.

If the program the sponsored your fiance and your home country both provide a "no objection" state dept. in 99% cases will grant the waiver.

If you have any questions, let me know and I'll be more than happy to help you out. GOOD LUCK!!!

Thanks so much, I keep in touch. Glad to know that it worked out so well for you. Its interesting that both state department and embassy have to file to the USCIS. Maybe ill have some luck and it will process fast

[lostinlove03 2]

Thanks so much, I keep in touch. Glad to know that it worked out so well for you. Its interesting that both state department and embassy have to file to the USCIS. Maybe ill have some luck and it will process fast

Make sure your embassy is keeping your k1 status active, so you don't have to refile for the k1, while your are working on the j1 waiver. I don't think you need a lawyer (although lots of people scared us and told us we wouldn't be able to get the j1 waiver--bc of my fiances job). But, it is really easy to obtain one, just time consuming, just make sure both the program that sponosred your fiances j1 gives you a no objection and your embassy. If you need anything, feel free to email.

Edited January 7, 2010 by lostinlove03