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htchinesep

I-485 Denied due to 212e two year rule! DS-3035 or I-612 or both?

By htchinesep in Adjustment of Status from Work, Student, & Tourist Visas

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htchinesep Newbie

htchinesep   0

Posted
Filed: F-1 Visa Country: China
 Timeline
Posted

I will keep this as short as I can:

1) Filed I 130, I 485 and I 765 concurrently.

2) Had our interview 6/5/2014

3) I 130 and I 765 approved

4) I 485 denied (was told to withdraw), the denial WAS due to the 212 two year rule. However, her original DS-2019 states that she is not subject to the 212 two year rule (the J1 Visa on her Passport says that she is).

The interview Officer told us that we need to file I-612 for a waiver of the 212 two year rule.


QUESTIONS:

1) If we go the No Objection Route via DS-3035, do we still need to file I 612? If we have to file 612, how do we fill out, seems like the only two options listed on the form are "hardship" and "persecution"? While both hardship and persecution don't really apply to us.

2) If we get a waiver based on "No Objection" from DS-3035, will that be sufficient to refile I-485 and get it approved?

3) Are there any additional forms we need to complete before refiling I-485?

Thank you all in advance for helping!

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted
Moved from AOS from Family Based Visas forum to AOS from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

NancyNguyen Experienced

NancyNguyen   1,658

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

That would be very unfortunate. However, we do know of many people who have gotten the "No Objection" waiver from China...

Fingers crossed.

Has anyone been in the same situation and help us?

Could you ask someone you mentioned to provide you with more info?

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

htchinesep Newbie

htchinesep   0

Posted
Filed: F-1 Visa Country: China
 Timeline
  • Author
Posted

Could you ask someone you mentioned to provide you with more info?

I have sent several people who have similar situations a message but haven't heard back. We did receive some information on the "No Objection" waiver stating that they were able to get it, but they weren't using it for AOS via I-485.

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Have you considered contacting the Chinese embassy and asking them directly whether or not they would provide a no objection letter?

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

  • 10 years later...
Crazy Cat Grand Master

Crazy Cat   42,588

Posted
Filed: Citizen (apr) Timeline
Posted

***This thread is 10 years old as is the last activity of the OP.  This topic is now locked to further comments.  Please ask questions as a new topic in the appropriate forum***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
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