Question regarding J1 Visa Waiver and Change/Adjustment of Status

[awe787 6]

Thanks for the information! That is very encouraging. I am also in the same boat as you, in the sense that my hardship basis was exceptional hardship for US citizen spouse. I am a Physician engaged in graduate medical education. I actually submitted my DS-3035 in 11/2014 and all my documents were received on 12/18/2014. We delayed our application for I612 until I received my J1 Extension to 6/30/2016 to allow enough time to apply for adjustment of status and be approved, as I have to continue with another medical fellowship starting 7/2016.

I will be filing I-130 / I-485 as soon as this process is approved. What things do you think we should prepare in anticipation for this that could take some time and can be done while we are waiting? Should we file after we get a "favorable" status on the DOS website or just wait till USCIS finalizes the process?

Hi there,

I am a post grad researcher and came here with some government funding, so that is why I could not obtain my J-1 waiver based on no objection. I filed hardship based on my USC child. My program ends July 31^st, but I have a job offer with the same company. I am hoping I will be done or at least have new EAD by then.

In anticipation of AOS, the first thing I recommend is do your medical and complete form I-693. You want to make sure that all your vaccines are in order, and also some civil surgeons may take weeks to complete your paper work. Line up your sponsors if you will need a sponsor for affidavit of support. Obtain your translations for all non-English documents. Although this may not be a big deal, but if your birth certificate was registered more than two years after you were born, then, you may want to get affidavits from your parents explaining why and also an earliest available document showing your date of birth and parentage (it can be a school certificate, baptism card or hospital document) .Get all the paper work ready for filing. Are you using an attorney or you will do it yourself?

As far as filing as soon as you get your favorable recommendations, I am kind of a person who like to play it safe, so I waited. However, some people have done it without issues. You would not be denied because of this, they may just request you to bring an approved I-612 at the interview. Since your background check have already been done by USCIS, you will not wait for long after favorable recommendation to receive approval by USCIS.

[medicalguy 11]

Hi there,

I am a post grad researcher and came here with some government funding, so that is why I could not obtain my J-1 waiver based on no objection. I filed hardship based on my USC child. My program ends July 31^st, but I have a job offer with the same company. I am hoping I will be done or at least have new EAD by then.

In anticipation of AOS, the first thing I recommend is do your medical and complete form I-693. You want to make sure that all your vaccines are in order, and also some civil surgeons may take weeks to complete your paper work. Line up your sponsors if you will need a sponsor for affidavit of support. Obtain your translations for all non-English documents. Although this may not be a big deal, but if your birth certificate was registered more than two years after you were born, then, you may want to get affidavits from your parents explaining why and also an earliest available document showing your date of birth and parentage (it can be a school certificate, baptism card or hospital document) .Get all the paper work ready for filing. Are you using an attorney or you will do it yourself?

As far as filing as soon as you get your favorable recommendations, I am kind of a person who like to play it safe, so I waited. However, some people have done it without issues. You would not be denied because of this, they may just request you to bring an approved I-612 at the interview. Since your background check have already been done by USCIS, you will not wait for long after favorable recommendation to receive approval by USCIS.

Thanks for the info! How often does the DOS deny a hardship waiver when the USCIS refers it to them after finding exceptional hardship?

Edited April 14, 2015 by medicalguy

[awe787 6]

Thanks for the info! How often does the DOS deny a hardship waiver when the USCIS refers it to them after finding exceptional hardship?

A lot of USAID and Fulbright funding recipients have been denied. Also one can be denied if DOS medical review division determines that medical condition of the USC can be well taken care of in the J-1 visa holder’s native country. However, you have competed the biggest hurdle of your life; getting USCIS determine you have a hardship case. I would say, if you do not have any of the above issues there is 99% chance of approval at this point.

[medicalguy 11]

A lot of USAID and Fulbright funding recipients have been denied. Also one can be denied if DOS medical review division determines that medical condition of the USC can be well taken care of in the J-1 visa holder’s native country. However, you have competed the biggest hurdle of your life; getting USCIS determine you have a hardship case. I would say, if you do not have any of the above issues there is 99% chance of approval at this point.

Thanks. You are extremely knowledgeable for an applicant, almost thought you were a immigration attorney. I am an Alien Physician, neither a fullbright nor US AID, and the grounds for my wife not returning to my J1 country is being a dangerous area for her, rather than just medical condition. Hopefully that makes DOS process straight forward.

I hate to hijack this thread, but I have one more question. I have been legally married to my wife on 8/12/2013. So by 8/12/2015 2 years should have passed. If we start our I-130 / I-485 application before 8/12, would I be given an IR-1 or CR-1 at the time of approval? In other words, what determines conditional vs unconditional permanent residency, and if it is not the application time, at what stage during this process is this determination made? Before the interview, or after the interview, if there is even going to be an interview?

Edited April 14, 2015 by medicalguy

[awe787 6]

Thanks. You are extremely knowledgeable for an applicant, almost thought you were a immigration attorney. I am an Alien Physician, neither a fullbright nor US AID, and the grounds for my wife not returning to my J1 country is being a dangerous area for her, rather than just medical condition. Hopefully that makes DOS process straight forward.

I hate to hijack this thread, but I have one more question. I have been legally married to my wife on 8/12/2013. So by 8/12/2015 2 years should have passed. If we start our I-130 / I-485 application before 8/12, would I be given an IR-1 or CR-1 at the time of approval? In other words, what determines conditional vs unconditional permanent residency, and if it is not the application time, at what stage during this process is this determination made? Before the interview, or after the interview, if there is even going to be an interview?

Thanks @medicalguy.That's a huge compliment. I am lay person with no legal background whatsoever, however, I filed my own J-1 hardship waiver. So during the course, I did a lot of research. You will received IR-1…there is no need to worry about conditional residency if your marriage is 2 years old at the time of green card approval( basically at the interview time).

[blahblahblog 36]

Saw the favorable recommendation this morning! Woot.

[erik_23ph 12]

Great! Congratulations!

Saw the favorable recommendation this morning! Woot.

[anonyuser30 0]

Hello All,

In March 2015 my J-1 waiver (I-612) application was received by USCIS. My waiver application is based on exceptional hardship to my US Citizen spouse. From all the forums I had read online, I got the impression that it was best to file my case with the USCIS first and let them determine exceptional hardship. If and when USCIS makes favorable recommendation, then I could go ahead and file DS-3035 with the DOS. However , more recently my case status on USCIS says the following " USCIS has requested a non-USCIS advisory opinion on your case and is awaiting response. Your case is on hold until then."

I have no idea what this means? Does this mean that the case has been sent to the DOS? Should I now file with DOS? But I don't know what the USCIS recommendation is ...Please if you know anything, help me clarify.

[msmontader 10]

A lot of USAID and Fulbright funding recipients have been denied. Also one can be denied if DOS medical review division determines that medical condition of the USC can be well taken care of in the J-1 visa holder’s native country. However, you have competed the biggest hurdle of your life; getting USCIS determine you have a hardship case. I would say, if you do not have any of the above issues there is 99% chance of approval at this point.

I am not a full bright student but i came in an exchange program from iraq and this program was funded by the U.S Department of state ECA/EC

USCIS forward my papers to DOS and DOS sent sponsor views on NOV 16th 2015. Is there any chance that the U.S department of state will send a favorable recommendation on my behalf ? or there is no chance ?

[msmontader 10]

Hello All,

In March 2015 my J-1 waiver (I-612) application was received by USCIS. My waiver application is based on exceptional hardship to my US Citizen spouse. From all the forums I had read online, I got the impression that it was best to file my case with the USCIS first and let them determine exceptional hardship. If and when USCIS makes favorable recommendation, then I could go ahead and file DS-3035 with the DOS. However , more recently my case status on USCIS says the following " USCIS has requested a non-USCIS advisory opinion on your case and is awaiting response. Your case is on hold until then."

I have no idea what this means? Does this mean that the case has been sent to the DOS? Should I now file with DOS? But I don't know what the USCIS recommendation is ...Please if you know anything, help me clarify.

I Had a similar case to yours.

This means that you need to file your DS application through the DOS. ITs an online application that you can do.

best of luck

[TBoneTX 45,202]

Older thread, with a more recent hijack post and replies to it, is now closed to further comment.

Those with recent questions should please start a thread dedicated to those queries.

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