J-1 two year residency rule waiver - Brazil

[perfect 39]

We need to file a waiver on the basis of a No Objection Statement in Brazil as when I was in the US on my J1 visa I met and have fallen in love with a US citizen. I returned on-time to my home country of Brazil and we would now like to apply for a Fiancee Visa but I am subject to the 2 year residency rule. Anyone have any ideas about how easy it is to get a No Objection Statement from Brazil and then successfully file a waiver for the residency rule?

DO I have to wait for the waiver befroe I apply for the Fiancee VIsa or can I do both concurrently?

Many thanks

[perfect 39]

I forgot to mention that my course was entirely government funded. is there ANY chance of my waiver being approved. I really cannot live without my fiancee for another 2 years.

I realize that none of this makes sense based on my timeline!! I posted the question from my hopefully one day to be daughter in law!~!

[AnotherLostSoul 167]

I was just wondering how the heck are you thinking of applying for a spousal visa when you already went through the whole process a while ago. You might want to remove your timeline as I don't even know who's timeline you are using under your own profile and how you have a UK flag on when you are from brazil. It almost looks like your a spammer who broke into someone else's account...anyway, I have no idea who to do no objection statement from brazil (or from anywhere else). Sorry.

Also, how the heck did you join this forum back in February 2004.....????

[perfect 39]

I got married in 2004 when this website was a still in its infancy.....if you read my second post you will see that I clearly explained that I was actually posting the question for my hopefully soon to be daughter-in-law!

[CaizLurol 36]

I forgot to mention that my course was entirely government funded. is there ANY chance of my waiver being approved. I really cannot live without my fiancee for another 2 years.

I realize that none of this makes sense based on my timeline!! I posted the question from my hopefully one day to be daughter in law!~!

I know what you are going through. (Were you funded by "CAPES"?)

The problem is not the US but Brazil agreeing to the waiver. If they do agree, they will also make you pay back everything that they funded you.

(My husband and I have been apart for 2 years now. His Two year requirement is up in December and we already began filing. It has been a rough two years and we kept visiting back and forth. We didn't bother with the waiver because we don't want to be on the hook to pay back the Brazilian govt' for having funded my husband's grad school.)

Keep us posted!

[perfect 39]

Thanks for your insights - She was funded by CAPES. So does that automatically mean she would have to pay it all back within the 2 years if she leaves Brazil during that time for the US?

[CaizLurol 36]

Thanks for your insights - She was funded by CAPES. So does that automatically mean she would have to pay it all back within the 2 years if she leaves Brazil during that time for the US?

From what I understand, it is very difficult to get the waiver from the US Government. Furthermore, I understand that it is very difficult for Brazil to agree to this no objection waiver. The rule was always that the student would have to pay CAPES back.. not just two years but the entire scholarship if she or he intends on never returning.

However, I found this article: http://www.fundaplub.org.br/site/noticia/capes-podera-conceder-anistia-para-bolsistas-que-nao-voltam-ao-brasil/

Maybe this can apply to her and it would be a good place to start - especially when trying to petition for the no objection waiver? (It is in Portuguese).

[perfect 39]

Aw that was very sweet of you! Thank you so much. I will definitely forward to her and see what she says... Have a great weekend!

[PallasAthena 101]

Just wondering what the outcome of this was. My husband was also funded by Fulbright and Capes but we waited out the two years

[perfect 39]

AS it turns out she broke up with him before they ever got to apply. They have just started talking again, so if things progress this time, the 2 year rule will no longer be an issue. Thankfully!