2 year HRR - send DS-230 now or wait?

[bearclaw 0]

Hi everybody - I have a 2 year residency requirement which I'm currently trying to get a waiver for.

I am also at the point where the NVC sent me the DS-230 for an IR-1. My question is, do I fill out and send the DS-230 or wait for the waiver/end of the 2 yr?

1) If I do send it in, there is a question in there on whether I have the HRR. If I say I do, are they going to reject my petition??

2) If I don't send it in, how long is the case still active? I already paid the fee.

The ideal scenario is I send in the DS-230, then by the time my interview comes around I have my waiver. If I wait for the waiver before filling out the DS-230, I waste 2+ months! On the other hand I don't want to risk my IR1 being rejected - my I-485 has already been rejected due to this HRR!

I was wondering if anybody knows of similar cases. I did do a search but the only cases I saw were for K1s.

Thanks a lot!

[devblt 0]

Hi everybody - I have a 2 year residency requirement which I'm currently trying to get a waiver for.

I am also at the point where the NVC sent me the DS-230 for an IR-1. My question is, do I fill out and send the DS-230 or wait for the waiver/end of the 2 yr?

1) If I do send it in, there is a question in there on whether I have the HRR. If I say I do, are they going to reject my petition??

2) If I don't send it in, how long is the case still active? I already paid the fee.

The ideal scenario is I send in the DS-230, then by the time my interview comes around I have my waiver. If I wait for the waiver before filling out the DS-230, I waste 2+ months! On the other hand I don't want to risk my IR1 being rejected - my I-485 has already been rejected due to this HRR!

I was wondering if anybody knows of similar cases. I did do a search but the only cases I saw were for K1s.

Thanks a lot!

I think you have one year from the time you pay the fee to submit the paperwork.

[MPGGPM 0]

Hi everybody - I have a 2 year residency requirement which I'm currently trying to get a waiver for.

I am also at the point where the NVC sent me the DS-230 for an IR-1. My question is, do I fill out and send the DS-230 or wait for the waiver/end of the 2 yr?

1) If I do send it in, there is a question in there on whether I have the HRR. If I say I do, are they going to reject my petition??

2) If I don't send it in, how long is the case still active? I already paid the fee.

The ideal scenario is I send in the DS-230, then by the time my interview comes around I have my waiver. If I wait for the waiver before filling out the DS-230, I waste 2+ months! On the other hand I don't want to risk my IR1 being rejected - my I-485 has already been rejected due to this HRR!

I was wondering if anybody knows of similar cases. I did do a search but the only cases I saw were for K1s.

Thanks a lot!

You won't find that much information on j-1 issues on this forum, because it's not so common. Your question is a good one, and being as my wife also had a j-1, (but not doing a waiver), I also noticed and thought about that same question. That's because at this point, she has a few weeks left to go to complete her 2 year HRR...but like you, we wanted to "time" our application and have most of it processed, so that it coincided with when she finishes her 2 years. (in your case, you hope to have your positive waiver decision) So, at the time of submitting it the DS-230 part 2, she is still a few weeks from completing her 2 years.....................but , by the time the application reaches the embassy, 2-3 months from now, she will have fulfilled it.

I marked "no" to that question, hoping that the people at the NVC will also understand that by the time her interview comes up, she'll be done serving her time. (even though when I submitted the DS-230 part 2....technically she's still a few weeks away).

The best forum I've found to date on J-1 issues is "Immigrationportal.com". There's a forum devoted to j-1's.......and most of them are filing for waivers, like you. You would probably have a better chance of that question being answered there.....than here.

If you submit everything to the NVC now, they will notice that you have a 2 year requirement, and will most likely send you an RFE asking for proof that you've fulfilled it. (My wife has written a statement which we are sending to them, which answers 6 questions that the NVC asked her , in regards to her j-1............we are doing that instead of submitting the DS2019).

How you can explain to the NVC, that you applied for a waiver and are waiting for a response , and also how in your case you would answer that question ( question 30 j).......is hard to answer. Perhaps submit a copy of your application for a waiver, and maybe also a letter stating that you are filing for a waiver and are awaiting a decision, so that the NVC is aware of it?