J-1 Waiver Timelines 2016

[Coco8 1,042]

1 hour ago, Zarra said:

Hi everybody, i have one simple question.

 

My DS-2019 expires in 3 months, if i apply for a waiver and the waiver process takes longer than 3 months, will i be out of status? 

 

Thanks in advance!

Yes, you will be out of status. 

 

But are you doing AOS? Are you already married?

 

 

[Zarra 0]

1 minute ago, Coco8 said:

Yes, you will be out of status. 

 

But are you doing AOS? Are you already married?

 

 

Not married yet, one lawyer suggested to wait for at least 90 days after arriving to USA to get married.

[Zarra 0]

3 minutes ago, Coco8 said:

Yes, you will be out of status. 

 

But are you doing AOS? Are you already married?

 

 

Lets say that I try to waive 212(e) and get denied. Then of course i have to leave USA, will there be a red flag when I'm coming back through consular processing (I-130)?

[Coco8 1,042]

Just now, Zarra said:

Lets say that I try to waive 212(e) and get denied. Then of course i have to leave USA, will there be a red flag when I'm coming back through consular processing (I-130)?

Yes, that will be bad. 

 

So your J1 is for a short period and you already had the idea of getting married during the J1? 

 

Are you sure the J1 has the two year rule? That is odd. Maybe start another thread since this is J1 waiver timeline.

[Zarra 0]

1 minute ago, Coco8 said:

Yes, that will be bad. 

 

So your J1 is for a short period and you already had the idea of getting married during the J1? 

 

Are you sure the J1 has the two year rule? That is odd. Maybe start another thread since this is J1 waiver timeline.

My J-1 is for 4 months of internship. And it says that i am subject to 212(e), but advisory opinion is already pending. We are planning to get married here, but towards the end.

[Coco8 1,042]

Just now, Zarra said:

My J-1 is for 4 months of internship. And it says that i am subject to 212(e), but advisory opinion is already pending. We are planning to get married here, but towards the end.

OK. If you can do a "no objection waiver" and you don't have US government funding, the only thing you need is your embassy's no objection statement. With that, you will get your waiver. I cannot think of a reason why you would not. 

 

But if you have 3 months left in your internship, maybe just start the waiver process in case your advisory opinion is that you need the waiver. You can fill in the application and request the no objection statement from your embassy (they will need some numbers from the application so that is why you need that first, the numbers get generated when you download the complete form from the DOS website). The NOS usually take a while so you can start that. By then you may hear from the advisory opinion, or just send the waiver application. If you end up having an advisory opinion that you do not need a waiver you can just email them and tell them you do not need the waiver any more. You'll just waste 200 dollars. But it seems better than waiting to AOS for a long time.

 

 

[Zarra 0]

15 minutes ago, Coco8 said:

OK. If you can do a "no objection waiver" and you don't have US government funding, the only thing you need is your embassy's no objection statement. With that, you will get your waiver. I cannot think of a reason why you would not. 

 

But if you have 3 months left in your internship, maybe just start the waiver process in case your advisory opinion is that you need the waiver. You can fill in the application and request the no objection statement from your embassy (they will need some numbers from the application so that is why you need that first, the numbers get generated when you download the complete form from the DOS website). The NOS usually take a while so you can start that. By then you may hear from the advisory opinion, or just send the waiver application. If you end up having an advisory opinion that you do not need a waiver you can just email them and tell them you do not need the waiver any more. You'll just waste 200 dollars. But it seems better than waiting to AOS for a long time.

 

 

Thank you, you are absolutely right, but my home embassy refused to give us a NOS when we reached out. So our only option is to do hardship waiver or go back to fulfill the 212(e) requirement if subject. I cannot stop thinking about if the waiver gets rejected, then we would have to go through the marriage consular processing after 2 years. That would be a red flag at that time because i was out of status while waiting for the waiver. Is it a good idea to leave the country and let my husband apply for the hardship waiver while I'm outside of the country in order not to be out of status?

[Coco8 1,042]

1 hour ago, Zarra said:

Thank you, you are absolutely right, but my home embassy refused to give us a NOS when we reached out. So our only option is to do hardship waiver or go back to fulfill the 212(e) requirement if subject. I cannot stop thinking about if the waiver gets rejected, then we would have to go through the marriage consular processing after 2 years. That would be a red flag at that time because i was out of status while waiting for the waiver. Is it a good idea to leave the country and let my husband apply for the hardship waiver while I'm outside of the country in order not to be out of status?

Now I remember your case. If your embassy has an office in DC, try going there and speaking to someone. Maybe you will find someone who can help with this. It seems so silly. 

 

The hardship waiver can take a very long time. You should definitely go to your home country while that is going on because you are going to be overstaying. Staying out of status can end up in a ban. Sure, there is a waiver for spouses of US citizens, but that will just increase the time you have to be apart because the visa process will be longer. I think that if you get married in the US and apply for spousal visa in your country, that already takes 12-14 months. So it seems easier to start that as soon as you leave the US. 

 

 

[Zarra 0]

11 minutes ago, Coco8 said:

Now I remember your case. If your embassy has an office in DC, try going there and speaking to someone. Maybe you will find someone who can help with this. It seems so silly. 

 

The hardship waiver can take a very long time. You should definitely go to your home country while that is going on because you are going to be overstaying. Staying out of status can end up in a ban. Sure, there is a waiver for spouses of US citizens, but that will just increase the time you have to be apart because the visa process will be longer. I think that if you get married in the US and apply for spousal visa in your country, that already takes 12-14 months. So it seems easier to start that as soon as you leave the US. 

 

 

Thank you so much for your advice. Its helpful as always  

[Zarra 0]

Guys, how long did it take you to get an "advisory opinion" from DOS? Whats the average time?

[cosmonauts 125]

On 10/2/2017 at 9:43 PM, Zarra said:

Guys, how long did it take you to get an "advisory opinion" from DOS? Whats the average time?

I don't know about average times but for me it took about a month. Check my signature.

[yazounet 0]

Hello everyone; I was checking USCIS website to see the updated I-612 processing time for Vermont Center. I realized that they didn't put the I-612 processing time for Vermont but for California it is still there...

Do you have any idea why is it that way? Did Vermont stop processing I-612 forms?

[Kumar123 0]

I have applied for my J1 waiver. It seems DOS has sent recommendations on Oct 5th but it does not say if it is favorable or unfavorable recommendation.

Anyone experienced such issue? Also nothing on USCIS case status check. Even though DOS has sent that ''unknown'' recommendation. Thanks

[Coco8 1,042]

1 minute ago, Kumar123 said:

I have applied for my J1 waiver. It seems DOS has sent recommendations on Oct 5th but it does not say if it is favorable or unfavorable recommendation.

Anyone experienced such issue? Also nothing on USCIS case status check. Even though DOS has sent that ''unknown'' recommendation. Thanks

You will get a letter from DOS very soon. Did you already get the NOA 1 from USCIS? 

 

You can always email the waiver division and ask them about the decision. 

[Kumar123 0]

Just now, Coco8 said:

You will get a letter from DOS very soon. Did you already get the NOA 1 from USCIS? 

 

You can always email the waiver division and ask them about the decision. 

Well its been 1.5 months now and haven't got any any letter from DOS. And its been 2 weeks but no reply of email which I sent them.

 

From USCIS, I have only got receipt number in May. Since then nothing.