Aupair on j-1 with 2 year home residency rule and marriage

[grossesosse 0]

Oh dang, that sucks then! Im just.surprised bc in the back of the ds form it has an explanation about the rule. Good luck then!

thank you much.... I am afraid I will have to lose 2 years of my life...

[grossesosse 0]

No status. Applying for the no objection waiver does not extend your authorized stay in the US. I am not an expert in this waiver, but my understanding is that you cab submit the paperwork for the waiver whenever, and also while you are in the US, but basically if you want to avoid overstaying your visa, you would have to leave the country when your J1 status expires. The waiver, I believe, won't invalidate your current visa either, so the J1 you have will continue to be valid according to how it was originally issued.

Overstay is forgiven for spouses of US citizens, but I do not know whether you can have a J1 2 year HRR waiver pending, while you are in the US out of status. Also, I have no idea how long the waiver process takes - could be a couple of months, could be several.

EDIT: Yes, mrs_gonzo makes a very good point. Not all J1 holders are subject to the rule. Have you confirmed that you are?

Thank you for your help!

[mrs_gonzo 9]

Thank you for your help!

http://blog.htp-usa.com/2011/08/03/the-j-1-visa-explained-1-what-is-the-two-year-rule-2/ this kinda shows in what cases the 2 year rule applies. I found a post where the agency or embassy made a mistake, but I cant find it anymorr. u should call your.au pair agency or uscis first and just check if someone made a,mistake.

[grossesosse 0]

http://blog.htp-usa.com/2011/08/03/the-j-1-visa-explained-1-what-is-the-two-year-rule-2/ this kinda shows in what cases the 2 year rule applies. I found a post where the agency or embassy made a mistake, but I cant find it anymorr. u should call your.au pair agency or uscis first and just check if someone made a,mistake.

even I dont think it is mistake, cause I was warned about it before extension, Ill try to ask agency (I will play dumb, so maybe there is a little hope) ,... by the way, do you know anybody except Germans who got extension without this rule? Thank you very much from link indeed :-)

[mrs_gonzo 9]

even I dont think it is mistake, cause I was warned about it before extension, Ill try to ask agency (I will play dumb, so maybe there is a little hope) ,... by the way, do you know anybody except Germans who got extension without this rule? Thank you very much from link indeed :-)

My friends from sweden didnt either. I also had one from australia who extended for a year, but then changed status to f1, like I did. I believe you can only do that from within the country if you.arent subject to the 2 year rule? My friend from austria didnt either, she completed 2 years and got married after.

I know every case is different but its just weird cause it doesnt apply to the mentioned rules. And I have never heard of that. I know it takes 2 years before u. An apply for another j1 but thats different.

I also know a few girls from south america

Edited July 28, 2012 by mrs_gonzo

[Ryan_and_Priscy 16]

I was Au Pair too, but my country did not apply for the two years rule. However, I remember a friend who had that rule and she had to go back to her country for two years. If the note in your visa says that you are subject to this normative, it is not a good news. Maybe you would like to contact a lawyer. Good luck!

[Harpa Timsah 13,258]

Plenty of people coming through this site with J-1s for au pairs have had the 2-year HRR. The OP has said she is subject to it. I personally think the effort would be better spent focussing on a waiver, not on trying to prove a "mistake." Because, I can tell you, getting it overturned for a "mistake" isn't going to happen.

OP - I believe there is a thread in the Student visa forum about obtaining a waiver.

[Harpa Timsah 13,258]

I found it here: http://www.visajourney.com/forums/topic/289012-j1-waiver-no-objection-italy-timeline/ This should be helpful.

[Ryan_and_Priscy 16]

I was Au Pair too, but my country did not apply for the two years rule. However, I remember a friend who had that rule and she had to go back to her country for two years. If the note in your visa says that you are subject to this normative, it is not a good news. Maybe you would like to contact a lawyer. Good luck!

I personally do not now about a waiver, but if you can do it by yourself and save the money you will pay to a lawyer, it would be great! I mentioned to contact a lawyer since I know a friend who is a Immigrant lawyer in Detroit and has helped others with the waiver. So I considered you could find someone as well that would help you.

[mrs_gonzo 9]

I mean mistakes happen but yea defo try to get the waiver process started! If you start it now maybe you can have it done by the end of the year!

Does anyone know if you can get a cos approved if you are subject to it? As I was talking to my friend yesterday, she totally freaked out. But I think she is not cause she got approved...

[Harpa Timsah 13,258]

I mean mistakes happen but yea defo try to get the waiver process started! If you start it now maybe you can have it done by the end of the year!

Does anyone know if you can get a cos approved if you are subject to it? As I was talking to my friend yesterday, she totally freaked out. But I think she is not cause she got approved...

You can get a change of status approved to another non-immigrant visa, such as a J-1 to F-1. If you do that, the 2-year HRR would be deferred until after the F-1 is over.

You absolutely CANNOT get an adjustment of status from non-immigrant to Greencard if you are subject to the 2-year HRR and have neither fulfilled it, nor obtained a waiver.

[mrs_gonzo 9]

Actually I just checked on uscis.gov. If you are subject to it you cant change status within the states. You have to go to your home counyry and obtain a new visa. But yea afterwards the 2hrr would still apply.

therefore my friend wasnt subject to it

[grossesosse 0]

Guys, thanks for help and advices .... I am really stressed now, but I wont stop fight, I dont believe there is no hope. Ill contact immigration lawyer here in New york, and figure out what to do... I dont let this (stupid) rule ruins my relationship with my love. I know It would be better without lawyer but all cases are different and I wont risk. But thank you all, youre really helpfull here