J1 with 2 year home country visit requirement

[immig? 2]

So i can begin this process before marriage? Is that what you're saying? Thanks for your input.

You should process the waiver before your husband petition you and before your J1 expires. Waiver is one of the requirements if your husband is petitioning you so you should have it before then.

[Gosia & Tito 199]

I see, so there is a way to be released though?

Yes there is, but the release in most cases will occur in your country. I don't know about Jamaica and how they handle this situations, but your Embassy is only the first stop and I suspect they might say no possible, but they are probably not the ones who would release you anyway. Only way to really find out is to discuss that with representatives of the organization that endorsed your J1; which means you potentially have a trip to Jamaica in your future.

[Harpa Timsah 13,258]

All of the information from one poster about marriage relieving you of your 2-year HRR is 100% wrong.

You will need to deal with the 2-year rule before applying to stay here. There are many threads here about it if you use the search function. Here is a recent one: http://www.visajourney.com/forums/topic/369029-exceptional-hardship-or-no-objection-statement-which-one-is-better/

Most people agreed in that thread that a No Objection Statement is better than going for hardship. Some countries and programs will not let you out of the the 2-year HRR no matter what.

Edited June 11, 2012 by Harpa Timsah

[NataliaChicago 0]

I was also on a J-1 visa, and have learned a lot about it. We have recently submitted our AOS paperwork, and I needed to provide proof that I was physically present in my home country for two years and thus completed the 2-year requirement. So you should definitely look into the waiver process, unless you both are ready to go to your country and stay there for 2 years, which I think is not the case. I personally know people who were denied the waiver based on exceptional hardship, which seems extremely hard to prove, and yes, being in marriage and even having children does not grant the waiver. So you should go with a "No Objection" waiver: usually it can be issued by your consulate/embassy, unless it was a program sponsored by the US.

Here is more information: http://travel.state.gov/visa/temp/info/info_1288.html

Hope it will help, and good luck!

[erica_itz 5]

I went through the same situation and getting married does NOT stop that rule!!!

What I did was get the waiver based on no objection from my country! I did it at the same time I applied for my K1 visa! It took me 3 months to get the waiver and 6 months to get the K1 visa. So I suggest you apply for the waiver asap. I was in my home country when I applied for the waiver, but many ppl do it from the US, no problem at all. I don't know if it differs from country to country, but in my case it was super easy and simple to get the waiver, even doing it at the same time I was doing K1 visa.

I found this on a website and it helped me a lot!

First of all you have to follow the checklist on the Department of State (DOS)website:

http://travel.state.gov/visa/temp/info/info_1296.html

First:

Complete the DS 3035 online application on the DOS website. Then you will immediatly receive your case number.

Second:

Then you have to submit the following documents to the Department of State:

* Fee (235 dollars)

* Form DS-3035

* Form DS-2019

* Passport Data Page

* Statement Of Reason

You also have to send the Third Party Barcode to the address listed on the DOS website. (Washington)

Third: (and this is not listed on the DOS website's checklist!)

You yourself have to contact the embassy of your home country in Washington to ask for the Copy Waiver Letter. This says that your home country does not object to you leaving your home country again within the 2 years of the 2 year rule.

These three items can be done immediatly.

Then you can keep checking your case status check on the DOS website using your case number.

Now you basically have to wait til you hear from the DOS. They will send their recommendation to the USCIS in Vermont. When you receive a favorable recommendation the USCIS will go over the papers one last time and send you the J1 No Objection Visa waiver to your home.

[erica_itz 5]

I just realized you said you visa doesn't expire until Jan 2013! I don't know if you can ask for a waiver b4 your visa expires... maybe someone will know better. Here's what they say in their website "If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the U.S. or being issued a visa in certain categories for travel to the U.S."

Maybe you wanna call DHS and check details with them!

[Mike B. 231]

All of the information from one poster about marriage relieving you of your 2-year HRR is 100% wrong.

You will need to deal with the 2-year rule before applying to stay here. There are many threads here about it if you use the search function. Here is a recent one: http://www.visajourney.com/forums/topic/369029-exceptional-hardship-or-no-objection-statement-which-one-is-better/

Most people agreed in that thread that a No Objection Statement is better than going for hardship. Some countries and programs will not let you out of the the 2-year HRR no matter what.

Same guy who just told someone on another thread that there is no problem using a tourist visa with the intent to immigrate...

[Harpa Timsah 13,258]

Same guy who just told someone on another thread that there is no problem using a tourist visa with the intent to immigrate...

Oh, I know, He also told someone it was okay to be a bigamist and that they could just lie about being married to the first person because foreign marriages aren't "recognized."