Wife has her Immigrant Visa Interview on the 7th

[mntk 0]

Hi everyone!!! I just joined this today, and wish I would have a long time ago. I married a beautiful Russian woman who was here studying in the US in 2003... since she was on a J-1 visa, she had to go back for 2 years... it's been 19 months and she has her interview Tuesday at the Embassy in Moscow. I have written my state Representatives and Senators offices and asked that they try to persuade them to give her her Visa.

I guess my question is... Has anybody had any luck with getting them to overlook the rest of the 2 year requirement???? Nobody can explain the reason behind this STUPID 2 year rule....we are both in our 40's and it just doesn't make any sense...

Well lets hope the interview goes good.......

[mnbound 0]

My husband was also on a J-1 212(e) which requires a 2 year home stay. We both moved back to Mexico in Sept. 2002. His I-130 was approved Sept. 2004 and he just had his IR-1 interview this week(March 2, 2006). He was approved.

Go to this website for more info www.travel.state.gov/visa look under Visa Information for Temporary Visitors and then Waiver-Exchange Visitor Foreign Resident. The two years must be completed before the foreign spouse can be approved for an immigrant visa even though they are married to an American. There are a few exceptions where you can file a waiver.

For the history of the J-1 search for J-1 212(e) (this is the two year requirement) on the internet.

Best of Luck!!

[scy 0]

Hi everyone!!! I just joined this today, and wish I would have a long time ago. I married a beautiful Russian woman who was here studying in the US in 2003... since she was on a J-1 visa, she had to go back for 2 years... it's been 19 months and she has her interview Tuesday at the Embassy in Moscow. I have written my state Representatives and Senators offices and asked that they try to persuade them to give her her Visa.

I guess my question is... Has anybody had any luck with getting them to overlook the rest of the 2 year requirement???? Nobody can explain the reason behind this STUPID 2 year rule....we are both in our 40's and it just doesn't make any sense...

Well lets hope the interview goes good.......

The J-1 visa is an exchange visitor visa. It was designed for aliens to come to the US to learn about the US. Then the aliens go home and teach/tell their countrymen about the US. Therefore it makes sense that the aliens have to stay in their country in order to teach about the US. That's why there is a 2 years residency rule. There are other visas for students and immigrants that do not require 2 years residency. I'm sure your wife knew about this 2 years requirement when she applied for the J-1. No point in complaining about it now.

As for getting a waiver, a Congressperson can not do anything for your wife. Read this link for the specific grounds for requesting a waiver. http://travel.state.gov/visa/temp/info/info_1296.html

[MaryandMian 1]

Just wanted to say welcome to VJ and good luck on the upcoming interview.

Mary

[MPGGPM 0]

Hi everyone!!! I just joined this today, and wish I would have a long time ago. I married a beautiful Russian woman who was here studying in the US in 2003... since she was on a J-1 visa, she had to go back for 2 years... it's been 19 months and she has her interview Tuesday at the Embassy in Moscow. I have written my state Representatives and Senators offices and asked that they try to persuade them to give her her Visa.

I guess my question is... Has anybody had any luck with getting them to overlook the rest of the 2 year requirement???? Nobody can explain the reason behind this STUPID 2 year rule....we are both in our 40's and it just doesn't make any sense...

Well lets hope the interview goes good.......

I would laugh, since your situation is so close to my own, it's almost amusing. However, since I am going through basically the same thing as you are, as you and I can attest to......it's really not quite so funny.

I can feel your pain, and having gone through one year apart already from my wife, with still one more year to go, I know full well what you are dealing with.

There are many parallels to your situation and ours ......including your ages. (though not quite 40 myself...it's just days away)

I assume you also were not granted a waiver?

Other than being granted a waiver, which if your wife had a large amount of government funding like my own wife, who had been here for nearly 10 years working on her Master's and PHD.....it's quite impossible to get around the rule.

It really doesn't make much sense.....the 2 year rule. No one can predict what will happen 10 years down the road as my wife learned the hard way, when I came into her life and screwed everything up

Most people who apply for the j-1, really don't understand the consequences of that action, or the implications it has down the line. My wife had no idea of the 2 year rule, because when she came to the US in 1993, she could hardly understand english, much less be concerned about the "fine print" and details of this visa.

For her, at the time, it was just seemed like a terrific opportunity to come to this country to live and learn from some of the top schools in the US. With her family and friends living abroad, the LAST thing she ever thought of was that she would meet an American like myself, that would meet her by chance one day, and turn her world upside down. (which is what this 2 year rule has done).

All we can do now, is just count the days until her time, like your wife's , is finally up.

That being said, regardless of what we have to endure with this rule, I wouldn't trade a minute of it.........if that meant never having met her at all. It's just something we learn to deal with each day, and try our best to poke fun at things, and not let the separation get the better of us.

We have also learned to work our schedule so that we can visit each other a few times a year. (about 4 months out of the year......mainly due to the job I have and my flexible schedule).

In the meantime, I would advise you to look more into this, because if your wife is not done with her 2 year residency, I'd assume she won't be given the visa. I was told by the US embassy that we could schedule the appointment for a later date, after they receive her I-30 petition, for when her time has been served.

Good luck. (if you continue with the interview, and take the chance that maybe they'll grant the visa anyhow, perhaps you could post a follow up. I'd really like to learn the details since your wife's situation is so close to mine, including information on just what they look at , to determine whether she has served the 2 years.)

One last thing, although I tend not to believe it at this point, based on other information I've seen,

..................I have heard that it is possible that they will count any time your wife accumulated when she visited her country, if she made previous occasional visits during her j-1 tenure. You might want to look into that as well. If they do actually do such a thing, that might add enough time to cover the remaining 5 months of time.

.

Edited March 5, 2006 by MPGGPM

[MPGGPM 0]

P.S.

By the way, it’s interesting to read how much “sense” this rule makes………………to the people who NEVER have to go through it or deal with it!

[mntk 0]

P.S.

By the way, it’s interesting to read how much “sense” this rule makes………………to the people who NEVER have to go through it or deal with it!

Yes, MPGGPM....it's incredible how "parallel" our situations are. And you are ABSOLUTELY right about how this makes sense to people who don't have to go through it. The sad truth of that kind of statement, regardless of what the "intention of the J-1 visa is" is, is that people will go back to their home country and get the best "job" they can find. Not necessarily "teaching" their fellow countrymen about the wonders of the U.S. People have to make the best living that they can, thats it...Funny thing is, right now she is teaching "English" to employees of "British" companies who are conducting business in Russia. Now is that really taking advantage of the "intent" of the J-1 visa????

And to add another comment, YES we did know what we were getting into!!! But LOVE knows no borders, or nationalities. We did apply for a "No Objection Waiver" (which after spending a lot of money talking to Immigration Lawyers who told us this was the best option in our case) Only to have it denied because our Marriage Certificate wasn't "Apostilled"....However, we took care of that....but she was so disappointed by that whole experience, that she is (understandibly) reluctant to waste the time or energy, not to mention the expense, to go through all of that again. Also by the time it gets processed, her time will almost be up anyway.

But I agree with everyone, I wouldn't trade this experience for anything!!!! I met the most wonderful, beautiful, caring, sweet Woman in the world... I have got to see Moscow.... I have met people from so many different countries and cultures....I have experienced things I never would have dreamed of 4 years ago. And at the very worst, we will be together again in August...

I want to thank everyone for their comments and good wishes... and I wish everyone the best in their "journeys" also....I'll be keeping posted.