Sent I-129F and waiting

[danii771 0]

Hello All,

I want to say that I love this place, I've been reading the forums for months now- while trying to gather and complete my petition!! I couldn't have done anything without everyone and this website!!

That being said ;]

I finally sent my package on Wed. April 21st !!! )

And I now registered here and am trying to navigate around.

I do have a few concerns/questions. I did triple check my whole petition, but I'm starting to worry now.. I'm sure everyone has experienced this.

My fiance, boyfriend at the time, was in the states about 8 months ago. He came with a J-1 (student work visa) and lived with me in Chicago for 5 months. He had a social security and he included the soc # in his g-325. I didn't think he should but he did "research" and assured me it was the right thing to do. Was it?

I know its too late now regardless, but it will truly save me a lot of worrying.

Next, when filling out the AOS- I understand that my income has to be 125% above poverty which according to the guide lines is ~18,000 (single-house-hold). Problem is my previous tax form from 2009 will show only $15,000 because I was a student and worked part-time. Now, however, I am employed full time and get roughly $900 per two weeks.

Assuming all goes well and we're at that stage by lets say August/September (fingers crossed!!) will it be a problem that my tax return and bank statements will only show $15,000 income from the previous year? --(sooo sorry if this is confusing! )

Lastly I am very worried because I plan to visit my fiance in Bulgaria for 1.5months July-August this summer. Will it be a problem if I am not in the country because there will be mail sent to me (here in the US) - any advice?

Thank you to everyone for reading possibly responding to this!!!

Have a wonderful day!!

Best,

Daniela

[JimVaPhuong 4,863]

Including his SSN was the right thing to do. Never withhold information on any immigration form.

The public charge determination for the K1 is entirely at the discretion of the consulate. Some will look only at the previous year's tax return. Others will look at current income. The only advise I can give you regarding this is to provide him with proof of your current income, including pay stubs and a letter from your employer, and line up a co-sponsor just in case.

Will there be someone in the US to receive your mail while you're gone? If you receive an RFE for something, there's a chance it would come right around the time you plan to be gone. If you're only going to be away for 6 weeks then you should have enough time to respond to any RFE's when you return. There should be no problems taking your trip.

[Audy_Rob 26]

Just to be sure, doesn't his J-1 have a two year Home Residency Requirement (HRR)? I believe all J-1's do.

Have you gotten the waiver of the J-1's HRR?

Yes, Jim is right. Always provide all information asked for if you have such as Social Security number.

[danii771 0]

Thanks to both of you!

I'm sorry , do you mean that he is not allowed to apply for fiance visa before he lives in Bulgaria for at least two years?? I am reading the home residency requirments, but I am really confused!

[danii771 0]

Oh No!

I understand. I really really was not aware of this! But he is not allowed to apply for :

H-1B (temporary employment), L-1 (intracompany transfer) or Permanent Residence (Green Card) categories.

What does that mean!? I did not sent any waiver! Do you guys think i can get one and send it in??

Please Help!!!

[Audy_Rob 26]

Oh No!

I understand. I really really was not aware of this! But he is not allowed to apply for :

H-1B (temporary employment), L-1 (intracompany transfer) or Permanent Residence (Green Card) categories.

What does that mean!? I did not sent any waiver! Do you guys think i can get one and send it in??

Please Help!!!

Hi. Yes, all J-1's require either two years back in the Home Country (Your fiance(e)'s country) or that you have the J-1 waiver.

The J-1 waiver is fairly easy to obtain these days. Your fiance(e), the foreign beneficiary needs to file for a Waiver with the DOS (Department of State). In almost ALL cases they will provide a "No Objection" letter which is the Waiver. It does take some time to obtain. I do not want to say one or two months.

You might receive an RFE from USCIS or the I-129F "might" get approved depending on what USCIS officer chooses to do. You will need the J-1 HRR Waiver at some point in the process. I hope you do not receive a rejection.

Start the waiver process NOW. OK ???

[danii771 0]

Thank youuuu

I am starting right now!!

Do you think I should send it to USCIS as soon as I ~hopefully~ get it? Will that just get confusing? Or should I just wait until USCIS asks me for it and sent/bring it later.

[Audy_Rob 26]

Thank youuuu

I am starting right now!!

Do you think I should send it to USCIS as soon as I ~hopefully~ get it? Will that just get confusing? Or should I just wait until USCIS asks me for it and sent/bring it later.

I think it is better to wait and see if you get an RFE because you did not submit the J-1 Waiver. If you send it now, it will be hard to catch up to your case file. I am sure someone else will come along and say NO, send it in. But I am not certain you will get the RFE at this stage.

Good luck.

[danii771 0]

Hiii again!!

Okay so my fiance looked on the actual J1 visa and this is what it said

Annotation:

N0006067816 p-4010675

NOT SUBJECT TO SECTION 212 ( E )

TWO YEAR RULE DOES NOT APPLY.

I mean I have no idea why the two year rule does not apply, but it says so. I am just wondering if ANY one here might be more familiar with this. I am doing some reading about it now, but most people seem to not be so sure why it applies to some and not others!!

I just want to make sure we DON'T need a waiver.. because we have the forms completed but if it is not necessary that is another $215 not spent :] and a whole lot of stress and worries off our shoulders!

Thanks again guys!!!!!

[Audy_Rob 26]

So it probably means NONE of the following situations apply to your Fiance.

===== From DOS Web site =====

"An exchange visitor (EV) may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act (INA), for one or more of the following reasons:"

* The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

* The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.

* The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

===== END DOS Web site =====

In my case, when I married my Ex-wife some years ago, I did not realize her Government paid for her education at the University. So she was subject to the 2 year HRR of the J-1 visa.

Go through the list with the "8" items and apparently your fiance is here for some type of cultural exchange or education that is not covered by the list above.

Save the money, congratulations and good luck.