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  • 1 month later...
Posted

Hi everyone,

Quick question, can I apply for a CR1 visa (married less than 2 years) while waiting for an answer concerning a J1 2 year residency requirement waiver?

Thank you so much for your help!

What is the basis of your waiver application? If it's a No Objection Statement, I think that you should at least have the DoS favorable recommendation letter with you before you submit your DS-230. Why? Because Part II of DS-230 asks "Are you an alien who is a former exchange visitor who has not fulfilled the 2-year foreign residence requirement?" You cannot check "No" truthfully if you haven't at least received a DoS favorable recommendation.

  • 2 weeks later...
Filed: AOS (apr) Country: Romania
Timeline
Posted

What is the basis of your waiver application? If it's a No Objection Statement, I think that you should at least have the DoS favorable recommendation letter with you before you submit your DS-230. Why? Because Part II of DS-230 asks "Are you an alien who is a former exchange visitor who has not fulfilled the 2-year foreign residence requirement?" You cannot check "No" truthfully if you haven't at least received a DoS favorable recommendation.

What if the basis for waiver is the No Objection Letter, can I send my I-130, I765, I-485, and I-865?

2-7-11 - Day 0 -sent AOS package (concurrent filling)

2-11-11-Day 4 - received text message from USCIS with the receipt number

2-18-2011 - Day 11[/font]- received NOA 1 in mail for I-130, I-485, I-765, I-131

2-22-2011 -Day 15- received biometrics letter -appt March 14

3-10-2011- still cannot see case online although I called USCIS two days ago

3-14-2011- Day 35- Biometrics done on the appointment day

3-24-2011-Day 45-case showing up online!!!! USCIS mailed on 3-23 my interview appt letter- April 26 is the day!

3-26-2011-Day 48-Received interview appt letter

4-1-2011-Day 59- USCIS mailed I-131 approval and ordered production of my new card (I assume the combined EAD/AP)

4-11-2012-Day 69- received EAd&AP combo in mail! Bad picture!

4-26-2011-Day 84-APPROVED!!! Card production ordered!

4-30-2011-Day 88-Welcome to America letter received

5-4-2011-Day 92 - received green card in mail (8 days after the interview) - it is kinda green!!!!

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Posted

What if the basis for waiver is the No Objection Letter, can I send my I-130, I765, I-485, and I-865?

I-130

Yes, you can send this. The petitioner fills this up so there's nothing in this form that relates to/asks about the beneficiary's J1 visa home residence requirement.

I765, I-485, and I-865

I have no idea since I never needed to submit these forms. Why don't you read the forms to see if there are questions about your J1 visa home residence requirement.

 
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