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J-1 Visa 2 year home residency requirement

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Hello

My Husband is from the Dominican Republic-He was here in the US finishing his Masters Degree - He had a visitors visa and a J-1 visa.

We met online and started a long distance relationship-fast forward -I relocated across country to be with him -He graduated in May 2013 and returned to the DR in June 2013-He flew back to visit me and proposed -We got married in Sept 2014- He stayed here in the US for 6 mo with his visitors visa bc J-1 visa obviously had expired.

He returned again to the DR and we are currently waiting for the 2 years to go by. :clock:

Meanwhile we found out I was pregnant. We applied for a hardship waiver but it was denied (lack of evidence) I have heard 20% actually get approved the circumstances have to be grim I guess-

Our I-130 was approved last summer and an immigration lawyer we had spoke to wanted $4,000 to fill out ONE form I-824- We have spoke to countless immigration lawyers and they all have different answers and they shy away from cases like ours -we were referred to the over priced lawyer because J-1 visas were her specialty. Needless to say we were discouraged.

Fast forward - we got a lawyer in the DR to fill out I-824 for $500 (still too much) - I was there visiting in January, we met with her and she agreed to help us(she has not made her self very accessible so far)

It was approved on March 16th and now I am just waiting for NVC to contact us with a case number-

Has anyone been in a similar situation? Can we get everything done and have our interview before his two years is up ? and then the last step would obviously be to wait for the time to be up and then they can give him a temp workers visa? How much extra time do you think it will take after the two years ?

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He can go through the entire process (NVC, medical, interview), he just can't actually be granted the visa until he's spent at least two years in his home country.

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

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He can literally get everything out of the way (if the embassy will accommodate him) and be ready to receive his visa the day his two years are up.

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

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