J-1 No Objection Waiver and K-1 Visa

[nikkig50 0]

Ok I really don't know where to start. My fiancée and I are just starting this process. Can you do the NOS at the same time as applying for a K-1 visa? We have 1 year and 3 months left to wait if we don't get approved. Also were in the NOS process do you write the actual statement or do you write a statement? It sounds like you just call the embassy in D.C. and ask hey is it okay to get the NOS and see if they approve it. I'm so confused!

[milimelo 4,541]

Ok I really don't know where to start. My fiancée and I are just starting this process. Can you do the NOS at the same time as applying for a K-1 visa? We have 1 year and 3 months left to wait if we don't get approved. Also were in the NOS process do you write the actual statement or do you write a statement? It sounds like you just call the embassy in D.C. and ask hey is it okay to get the NOS and see if they approve it. I'm so confused!

You only do the NOS waiver if you're in the US - for those outside the US you wait out the process.

[Mathilda 19]

You only do the NOS waiver if you're in the US - for those outside the US you wait out the process.

THIS IS UTTERLY WRONG.

In order to obtain any immigration benefit, you need to get your 2 years obligation waived. It does not matter where you live right now. If you intend to go back to the U.S. under another J1 or immigration visa, you;ll have to get the waiver. In order to do so, there is a very specific procedure to follow. You can find all the info here, but to summarize:

1. You contact your embassy and ask what they want to give you a No-Objection statement.

2. In the meanwhile, you start the online application (at the same address above). They will give you a number that you'll have to report in all the documents (including those addressed to your embassy), from now on.

3. Prepare a statement of reason, there will be room to paste it in the online form (make sure it is no longer than 1 page).

4. If your embassy gives you the NOS, they'll inform you and sent it to the DoS.

5. Wait until the DoS decides on your case. It will automatically send USCIS a recommendation (either favorable or not). It will also inform you of about the decision.

6. Wait until USCIS decides on your case. It will either waive your 2-years or not. USCIS will most likely follow the DoS recommendation, which will be in No-Objection cases decided based on your country decision.

The whole thing takes about 4 months, if everything goes smoothly. In many cases it took much longer though.

This should be done before the K-1 visa has reached an advanced stage, because the K-1 petition could be denied if they know that you have a 2-year home requirement. Given that the K-1 takes about 5 months, you should be able to file both petitions almost at the same time, but I would suggest to wait at least for your embassy decision, before you file the K-1 petition. After you country gives you the No-Objection statement, everything should be pretty smooth so you're good to go. I read somewhere one time that filing an immigration petition could speed up the process, but there's nothing official and it may be a rumor. I read somewhere another case of one person who got the k-1 application on hold, so he/she could get the waiver first. Again, only rumors though. What's sure is that once you have the DoS approval, you are pretty much fine to file for other working or immigration petition.

Good luck!

Mathilda

Edited February 8, 2011 by Mathilda