J1, incomplete HRR; F1 now married to USC

[StoryAngel 4]

I'm posting this on behalf of a friend; she knew I'd survived the USCIS roller coaster, and is needing some advice of her own. I'm a little out of my depth here and would appreciate some kind VJ input!

My friend is from China. She originally came to the US on a J1, returned to China (but only for a very short while, I think just a few weeks) then came back to the US on an F1. She has not completed her 2-year home residency requirement (HRR) and knows she still needs to do so. She fell in love since being here as a student, and married her DH today actually! Her F1 is very close to expiring, but she is desperate not to return to China. Her family is actively hostile regarding her relationship and she has family members with strong and powerful ties to the government there. She is extremely concerned for her safety and wellbeing if she does go back to China to complete the HRR. However, with no concrete evidence it's not like she can "prove" her life would be endangered by returning. I've read about the waiver you can get for the J1. But from my understanding, China does not seem to accept the No Objection reason and I gather the other reasons are extremely hard to prove. Her DH has his own business here in the US and cannot just move to China to be with her. In fact, they got married now so that if/when she does go back to China, she won't be forced by her family into marrying someone there.

My own experience with USCIS was with the K1 (then AOS and ROC) but I do want to help my friend do the right thing with her J1/F1 situation which will hopefully, in the long run, enable her to be here on a permanent basis. She is scared and stressed, but I've explained to her the importance of staying on top of the immigration paperwork as I know that USCIS doesn't consider heartache to be a valid reason for breaking the rules...

• I think her F1 expires at the end of the year but I'm not sure. Is that based off the date on her I-94 or her I-20? Does the 60-day grace period begin after that?
• Is it worth trying to apply for the waiver for the HRR and trying to get the No Objection letter from China? What about another category?
• How long does the waiver take? I'm assuming she'd need to apply for it here. Would it be worth her trying to get her F1 extended whilst waiting for an answer on the waiver?
• How is the time for the HRR calculated? Do you have to accrue it all at the same time, or if she'd already spent some time in China (even a few weeks) would that be subtracted from the 2 years?
• Can anyone recommend what would be the best course of action?

Thanks in advance for your help!

[Little_My 464]

She has to file the waiver to get around the two year home residency. The only one I have ever heard people using is the No Objection waiver - the others, Request by an Interested U.S. Federal Government Agency; Persecution; Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) Spouse or Child of an Exchange Visitor; and Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program) will be much more complicated, and the only one I could see them maybe qualifying for is the exceptional hardship waiver - but that is also a stretch and very hard to prove.

All the days she has spent in the US since her J1 exchange ended will not count towards the two year requirement. I have a faint memory of reading that actually all days spend outside the exchange visitor's home country do not count towards meeting the requirement, but I couldn't find any reliable source to verify that right now.. But in any case, the time she has spent in the US now will not count towards the two years. The time she spent in China does count in my understanding, I don't think the clock re-sets when she traveled back to the US.

The last day of her authorized stay is the date on her I-20, plus 30 days - not 60. If her I-20 expires on December 31, her last authorized day in the US would be January 30. She can't get her F1 extended unless she is still attending school. If she is about to graduate, that would mean applying and being admitted to another study program.

The processing times for the waiver vary according to the home government's processing speed. She would first have to fill out an online application for the US Department of State, and once she receives a waiver case number, she can file the paperwork with her government. They can then take anywhere between a few weeks to several months to process the request. I am not aware of China's policies with these waivers, but based on what you stated in your post, it seems that China could very well take their sweet time in giving a decision - and it seems there is a big chance it would be a negative decision anyway. However, as I stated, I wouldn't know about China particularly, so maybe there is someone here on VJ who would have more specific or fist-hand info on that.

No Objection waiver decisions cannot be appealed - if the decision is negative, her only options would be to either try one of the other waiver categories, or to fulfill the 2 year home residency requirement.

[hy2934 2]

I recently filed for a J-1 waiver on the basis of No Objection (Home Country: India), and currently in the process of adjusting status on the basis of marriage to a US citizen.

I completely agree with the post by Little_My. Ditto! Can't add nothing more.

Edited December 17, 2011 by hy2934

[StoryAngel 4]

The last day of her authorized stay is the date on her I-20, plus 30 days - not 60. If her I-20 expires on December 31, her last authorized day in the US would be January 30. She can't get her F1 extended unless she is still attending school. If she is about to graduate, that would mean applying and being admitted to another study program.

OK, so we need to find out the date on her I-20. However, the VJ guide and reading elsewhere states a 60-day grace period for F students (30 days for M students)... am I missing something here?

She would first have to fill out an online application for the US Department of State, and once she receives a waiver case number, she can file the paperwork with her government.

Good to know. I got a little hazy on the step-by-step process, so that helps clarify. Thanks!

[Little_My 464]

Sorry, that was my mistake and brain freeze - you are correct, the grace period is 60 days for F1. The date that is stated as the completion date of her studies on her I-20 plus 60 days is when her authorized stay under the F1 expires.

[StoryAngel 4]

Sorry, that was my mistake and brain freeze - you are correct, the grace period is 60 days for F1. The date that is stated as the completion date of her studies on her I-20 plus 60 days is when her authorized stay under the F1 expires.

Phew. Glad my eyes weren't deceiving me after all.

[VanessaTony 3,567]

My friend is from China. She originally came to the US on a J1, returned to China (but only for a very short while, I think just a few weeks) then came back to the US on an F1. She has not completed her 2-year home residency requirement (HRR) and knows she still needs to do so.

Are you sure she HAS a 2 year HRR? Some J1's don't.

Anyway here is the waiver info: http://www.hooyou.com/j-1/j1_noobjection.html

[Harpa Timsah 13,258]

I have read on this board that China will NEVER grant HRR Waivers. I think she should be asking in the China forum.