J1 Visa HRR waiver

[nate21224 0]

Hello everyone. My wife is here on a J-1 Visa. She has recieved no funding from any governments. She is a preschool teacher. We have been married since March 2013 and we live together in my house with my two children.

After waiting over 10 weeks to get an advisory opinion we found out she is Subject to the 2YHRR. Her DS-2019 says not subject and her visa says subject.

She has 1 month remaining on her DS-2019 stay here. We want to file a waiver but, are unsure if a no objection waiver is the route to take. I was told that she must have 6 months remaining on her DS-2019. I was also told people are able to obtain these even out of status.

Does anyone else have any expierence or tips for our situation?

[nate21224 0]

The following pertains to someone on a J-1 Visa from China

Follow the directions on both of these websites to put together your "J-1 waiver packets"

US Department Of State J-1 Waiver Website https://j1visawaiverrecommendation.state.gov/

Chinese Embassy J-1 Waiver Website http://www.sino-education.org/studyabroad/J1.htm



There are two packets associated with a No Objection Waiver. #1 gets mailed to the US department of state waiver review division. #2 gets mailed to the Chinese consulate that governs your state.



I am mailing Packet #2 today and I will be mailing Packet #1 tomorrow. The total filing fees for this will be $215 and that is to be included in Packet #1 as a money order or cashiers check.



It will most likely be at least a month until we hear anything after we mail these packets. By that time Huiying will be in her "30 day grace period". Now we wait...

Edited June 7, 2013 by nate21224

[Harpa Timsah 13,258]

I have read numerous times that a J-1 from China cannot ever get the HRR waived. Best to ask in the China subforum.

[nate21224 0]

Both packets have been mailed. My wife called the Chinese Embassy today and talked to the person in charge of J1 waivers. They told her they want a copy of the reciept (i-797) for a green card application with the DOS before they will issue the no objection waiver. They said after they recieve the reciept then there should be no problem issueing a waiver. With out the (i-797) they will not approve the no objection waiver.

We have already mailed both packets and the money to the DOS. I think if we complete all of the forms for the green card and mail them with-in the next month we should recieve a reciept in time to forward it to the DOS and to the Chinese Embassy. I am worried however, that the DOS will see she is still subject to the J-1 HRR and just deny her green card application. I am also worried that even though the Chinese Embassy approves her waiver that the DOS will deny it. I have also heard that they will just review her case and request a copy of the j-1 hrr waiver and put her green card case on hold. I think we have the upper hand because of the DOS bad paperwork. Her DS-2019 says she is NOT SUBJECT to the 2YHRR and while her VISA says SUBJECT. This should cause enough confusion that they will just request a copy of the waiver instead of denying the green card. Or maybe its just wishful thinking. If all these time frames work out we should be able to:

1. File application for green card

2. Recieve reciept (i-797)

3. Forward (i-797) to DOS and Chinese Embassy

4. Recieve no objection statement

5. Recieve a request for more information for the Green Card application

6. Send No objection statement to DOS

It sounds like a lot to come together but, I have read on other forums this is the route most people have to go. A lawyer I've been working with said we can either go this route or stop everything we are doing and just file for an Exceptional Hardship Waiver. She would not suggest which route to take. She said it is up to us. Any suggestions? I know you all have more expierence dealing with adjusting status to recieve a green card.

[nate21224 0]

*update for anyone using this as a guide*

Both the Department of state and the Chinese Embassy said they will put the waiver case on hold and wait for us to file for her adjustment of status and provide them with the I-797. We are in the process of filing for an adjustment of status for her so she can obtain her green card now. Also refer to my main thread: http://candleforlove.com/forums/topic/45839-j-1-visa-hrr-and-adjustment-of-status/page-2#entry601795