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SL2K8

J1 Waiver Process Help Please!

By SL2K8 in Student & Exchange Visitor Visas

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SL2K8   0

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Filed: Timeline
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Hi,

Im new hear and have some questions to help me and my, soon to be wife, start this process. Basically, my fiancée has the 212E 2 year rule on her J1 visa. However, on her DS-2019 is says she is not subject to the 2 year rule.

My first question is, how do I determine which is correct? We already contacted a lawyer who says she can take care of this but she wants $2,000.

Second, I need to know how to start the process of getting a waiver for the 212e. We are planning on getting married soon and are expecting a baby girl in October. I want to try for the Exceptional hardship but it says in BOLD that leaving a spouse or child behind doesn't constitute exceptional hardship.

So my second question is, what should we try and do? An exceptional hardship waiver, or a NOS? I'd also like to know a website where I can learn more about how to get the process started.

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  • 3 weeks later...
natalie9791 Apprentice

natalie9791   1

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Filed: Citizen (pnd) Country: Peru
 Timeline
Posted

Hello,

If it says she is NOT subject to the 2 year rule on her DS-2019, then I think she is NOT subject to that rule.

Please check and read carefully what it says exactly on her J-1 Visa.

If you are not sure, then you can ask for an Advisory Opinion and they will tell you for sure whether she is subject or not. The Advisory Opinion is free.

http://travel.state.gov/visa/temp/info/info_5502.html

Hi,

Im new hear and have some questions to help me and my, soon to be wife, start this process. Basically, my fiancée has the 212E 2 year rule on her J1 visa. However, on her DS-2019 is says she is not subject to the 2 year rule.

My first question is, how do I determine which is correct? We already contacted a lawyer who says she can take care of this but she wants $2,000.

Second, I need to know how to start the process of getting a waiver for the 212e. We are planning on getting married soon and are expecting a baby girl in October. I want to try for the Exceptional hardship but it says in BOLD that leaving a spouse or child behind doesn't constitute exceptional hardship.

So my second question is, what should we try and do? An exceptional hardship waiver, or a NOS? I'd also like to know a website where I can learn more about how to get the process started.

Adjustment of Status from F-1 Student Visa:
07/16/2011 - (Day XX) - AOS Package Sent by USPS Priority Mail (I-130, I-485, I-765)
07/18/2011 - (Day 00) - AOS Package received in Chicago
07/23/2011 - (Day 05) - All three forms touched (I-130, I-485, I-765)
07/25/2011 - (Day 07) - Checks cashed!
07/29/2011 - (Day 11) - NOA's received in the mail for I-130, I-485 and I-765. (Notice Date: 07/21/2011)
08/05/2011 - (Day 18) - I-131, Application for Travel Document submitted
08/08/2011 - (Day 21) - I-131 application delivered in Chicago
08/16/2011 - (Day 29) - I-797C NOA received in the mail (For I-131, Application for Travel Document)
08/17/2011 - (Day 30) - I-131, Application for Travel Document APPROVED Online
08/24/2011 - (Day 37) - Travel Document in the mail smile.png
08/29/2011 - (Day 42) - Called USCIS because I haven't received my biometrics appointment letter yet. They opened a service request.
09/11/2011 - (Day 55) - Still no biometrics appt. letter! Made an InfoPass appointment. Scheduled for September 22.
09/22/2011 - (Day 66) - Infopass appointment. The officer said I should receive the letter soon. I just have to wait.
09/23/2011 - (Day 67) - Received Biometrics Appointment letter. Scheduled for 10/17/2011.
10/17/2011 - (Day 91) - Bio. appointment
10/18/2011 - (Day 92) - EAD Card production ordered
10/24/2011 - (Day 98) - EAD received!
10/31/2011 - (Day 105) - Interview letter in the mail. Scheduled for December 6, 2011.
12/06/2011 - (Day 141) - AOS Interview Day (Approved!) - Card Production Ordered
12/23/2011 - (Day 158) - Green Card received in the mail!

September 2013: Sent paperwork for ROC

January 6, 2014: ROC approved, card production ordered! :)

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  • 2 weeks later...
natalie9791 Apprentice

natalie9791   1

Posted
Filed: Citizen (pnd) Country: Peru
 Timeline
Posted

I hope she is not subject. Even if she was subject (worst case scenario) she still can apply for a waiver. I think that if her visa expires before she gets the waiver, her overstay could be forgiven if she is married to a US citizen.

I was subject to the 2 year rule. My J-1 Visa said I was subject and also on my DS-2019 it said: Subject to the 2 year residence requirement based on the skills list. I got the waiver. I was lucky it didn't take long.

Congratulations on your baby!

We just sent the advisory letter. On the DS is says she is NOT. On her VISA in the passport it says she is.

Adjustment of Status from F-1 Student Visa:
07/16/2011 - (Day XX) - AOS Package Sent by USPS Priority Mail (I-130, I-485, I-765)
07/18/2011 - (Day 00) - AOS Package received in Chicago
07/23/2011 - (Day 05) - All three forms touched (I-130, I-485, I-765)
07/25/2011 - (Day 07) - Checks cashed!
07/29/2011 - (Day 11) - NOA's received in the mail for I-130, I-485 and I-765. (Notice Date: 07/21/2011)
08/05/2011 - (Day 18) - I-131, Application for Travel Document submitted
08/08/2011 - (Day 21) - I-131 application delivered in Chicago
08/16/2011 - (Day 29) - I-797C NOA received in the mail (For I-131, Application for Travel Document)
08/17/2011 - (Day 30) - I-131, Application for Travel Document APPROVED Online
08/24/2011 - (Day 37) - Travel Document in the mail smile.png
08/29/2011 - (Day 42) - Called USCIS because I haven't received my biometrics appointment letter yet. They opened a service request.
09/11/2011 - (Day 55) - Still no biometrics appt. letter! Made an InfoPass appointment. Scheduled for September 22.
09/22/2011 - (Day 66) - Infopass appointment. The officer said I should receive the letter soon. I just have to wait.
09/23/2011 - (Day 67) - Received Biometrics Appointment letter. Scheduled for 10/17/2011.
10/17/2011 - (Day 91) - Bio. appointment
10/18/2011 - (Day 92) - EAD Card production ordered
10/24/2011 - (Day 98) - EAD received!
10/31/2011 - (Day 105) - Interview letter in the mail. Scheduled for December 6, 2011.
12/06/2011 - (Day 141) - AOS Interview Day (Approved!) - Card Production Ordered
12/23/2011 - (Day 158) - Green Card received in the mail!

September 2013: Sent paperwork for ROC

January 6, 2014: ROC approved, card production ordered! :)

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natalie9791 Apprentice

natalie9791   1

Posted
Filed: Citizen (pnd) Country: Peru
 Timeline
Posted

I think she needs to have a valid J-1 visa in order to apply for a waiver. I would recommend: first get married and then start applying for the waiver (if she is subject). That is just my opinion.

I forgot to also ask, if we get the waiver and then her visa expires how will that affect the process???

Adjustment of Status from F-1 Student Visa:
07/16/2011 - (Day XX) - AOS Package Sent by USPS Priority Mail (I-130, I-485, I-765)
07/18/2011 - (Day 00) - AOS Package received in Chicago
07/23/2011 - (Day 05) - All three forms touched (I-130, I-485, I-765)
07/25/2011 - (Day 07) - Checks cashed!
07/29/2011 - (Day 11) - NOA's received in the mail for I-130, I-485 and I-765. (Notice Date: 07/21/2011)
08/05/2011 - (Day 18) - I-131, Application for Travel Document submitted
08/08/2011 - (Day 21) - I-131 application delivered in Chicago
08/16/2011 - (Day 29) - I-797C NOA received in the mail (For I-131, Application for Travel Document)
08/17/2011 - (Day 30) - I-131, Application for Travel Document APPROVED Online
08/24/2011 - (Day 37) - Travel Document in the mail smile.png
08/29/2011 - (Day 42) - Called USCIS because I haven't received my biometrics appointment letter yet. They opened a service request.
09/11/2011 - (Day 55) - Still no biometrics appt. letter! Made an InfoPass appointment. Scheduled for September 22.
09/22/2011 - (Day 66) - Infopass appointment. The officer said I should receive the letter soon. I just have to wait.
09/23/2011 - (Day 67) - Received Biometrics Appointment letter. Scheduled for 10/17/2011.
10/17/2011 - (Day 91) - Bio. appointment
10/18/2011 - (Day 92) - EAD Card production ordered
10/24/2011 - (Day 98) - EAD received!
10/31/2011 - (Day 105) - Interview letter in the mail. Scheduled for December 6, 2011.
12/06/2011 - (Day 141) - AOS Interview Day (Approved!) - Card Production Ordered
12/23/2011 - (Day 158) - Green Card received in the mail!

September 2013: Sent paperwork for ROC

January 6, 2014: ROC approved, card production ordered! :)

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