Statement of reason No Objection/J1 US Gov funded

[Tanambera 84]

Hello Guys!

I'm going to apply for a No Objection J1 Waiver. My program was funded by the US government. I have read than it is hard to get a waiver when the program is funded by the US government. I want to know if it is true?

Also I need advises about how to do the statement of reason.

I have met my USC fiance last year during my stay in US as a J1 visa holder. He traveled to my home place and I'm now back to US with a B1/B2 visa. We are going to get married during my stay here. We are a same sex couple and that is not allowed in my home country. I'll go back to my home place and will apply for a CR1 visa.

My 2 years will end on November 2018.

How should I make my statement of reason?

Thanks

[Coco8 1,042]

(1) If you apply in a month or so to the IR-1/CR-1, it takes 12-14 months so you might be able to just get the visa without the waiver because your time will be up almost at the same time. You can always change the interview date at the consulate to make sure it is at the end of November. You need to keep record of the dates you were in your country and your current time in B1/B2 does not count towards that. So do not wait to apply for IR-1/CR-1 until you have the waiver.

 

(2) Who within the US government sponsored your trip? If you are not sure, check your DS 2019. Your chances depend on that.

 

(3) In the statement of reason I would put that homosexuality is illegal in your country and you could be sent to prison for 7 years (I just read wikipedia). I'm not sure if you want to spend the time you are waiting for the IR-1/CR-1 in another country rather than stay in Gambia all that time. That would be a reason to request the waiver. So you could say you want to be able to spend the remaining part of the 2 years in another country because you are concerned for your safety if people will find out about your marriage. You can explain that you will not go back to the US until your IR-1 is approved which will basically be after 2 years after your program ended. 

 

You can send additional evidence as marriage certificate, look if the US State department has something on human rights related to homosexuality in Gambia and send that as well. You can fax them the IR-1 receipt afterwards if you want to send the waiver application now.

 

(4) The NOS from your embassy will probably take a while to arrive. If you are in Maryland, like your profile says, try to get the NOS sent to DOS while you are in the US because if they don't respond to you, you can go to the consulate. Some embassies are not very good doing things by email or phone.

 

 

 

 

 

 

 

 

[Tanambera 84]

20 minutes ago, Coco8 said:

(1) If you apply in a month or so to the IR-1/CR-1, it takes 12-14 months so you might be able to just get the visa without the waiver because your time will be up almost at the same time. You can always change the interview date at the consulate to make sure it is at the end of November. You need to keep record of the dates you were in your country and your current time in B1/B2 does not count towards that. So do not wait to apply for IR-1/CR-1 until you have the waiver.

 

(2) Who within the US government sponsored your trip? If you are not sure, check your DS 2019. Your chances depend on that.

 

(3) In the statement of reason I would put that homosexuality is illegal in your country and you could be sent to prison for 7 years (I just read wikipedia). I'm not sure if you want to spend the time you are waiting for the IR-1/CR-1 in another country rather than stay in Gambia all that time. That would be a reason to request the waiver. So you could say you want to be able to spend the remaining part of the 2 years in another country because you are concerned for your safety if people will find out about your marriage. You can explain that you will not go back to the US until your IR-1 is approved which will basically be after 2 years after your program ended. 

 

You can send additional evidence as marriage certificate, look if the US State department has something on human rights related to homosexuality in Gambia and send that as well. You can fax them the IR-1 receipt afterwards if you want to send the waiver application now.

 

(4) The NOS from your embassy will probably take a while to arrive. If you are in Maryland, like your profile says, try to get the NOS sent to DOS while you are in the US because if they don't respond to you, you can go to the consulate. Some embassies are not very good doing things by email or phone.

 

 

 

 

 

 

 

 

Thanks for you answer.

It's really helpfull.

My J1 sponsor is the US department of State.

I will get married next week and will fly back before the end of July.

 

I will stay in my home place during the process I have my work their. My future husband will come to visit me and we plan to meet again in another country, like that we could have 5 meetings before the interview. 

 

My concern was to have my interview when my 2 years are not done. So my fiance said it would be better to apply for a waiver. I plan  go at the ambassy tomorrow for the NOS.

Thanks again for your quick and helpful reaction.

[Coco8 1,042]

Just now, IF-Mclean said:

My J1 sponsor is the US department of State.

But who within the State Department and what program? 

 

1 minute ago, IF-Mclean said:

My concern was to have my interview when my 2 years are not done.

As I said, you can schedule the interview. I've seen people on VJ push the interview 6 months to be able to accumulate the 2 years.

 

3 minutes ago, IF-Mclean said:

I will stay in my home place during the process I have my work their.

OK. You still need to make the statement of reason very compelling. That is why I suggested the other topic. If the statement does not provide a strong reason, they will just say no. They only look at the information you send them so you should provide additional evidence. You can also say you'd like to volunteer or work with an organization within the US to exert pressure on African countries to change their LGBT policies. Remember, they care about issues of mutual understanding between nations or whatever other goal your program had.

 

I've seen a few cases in which DOS said yes and people had very compelling reasons. They usually say no, however, but what I've seen is that they always say no if people say they just want to get married (your case is different so you need to highlight that) or they want to work in a US company, etc. They always say no to Fulbright scholars. I'm trying to keep track of different programs within DOS, that is why I asked about it. 

 

 

 

 

 

 

[Tanambera 84]

5 minutes ago, Coco8 said:

But who within the State Department and what program? 

 

As I said, you can schedule the interview. I've seen people on VJ push the interview 6 months to be able to accumulate the 2 years.

 

OK. You still need to make the statement of reason very compelling. That is why I suggested the other topic. If the statement does not provide a strong reason, they will just say no. They only look at the information you send them so you should provide additional evidence. You can also say you'd like to volunteer or work with an organization within the US to exert pressure on African countries to change their LGBT policies. Remember, they care about issues of mutual understanding between nations or whatever other goal your program had.

 

I've seen a few cases in which DOS said yes and people had very compelling reasons. They usually say no, however, but what I've seen is that they always say no if people say they just want to get married (your case is different so you need to highlight that) or they want to work in a US company, etc. They always say no to Fulbright scholars. I'm trying to keep track of different programs within DOS, that is why I asked about it. 

 

 

 

 

 

 

I can't give the name of the program for security concerns. We are few people from Gambia who have done the program.So it will be easy to identify who I'm and I don't know who will read this post.

 

I have never been in any LGBT organization. Few people know than I'm gay. That's the only way to be able to have a good position where I'm from.

 

Following your advices may be I should not ask for a waiver and just push the interview if it happens before my 2 years.

I'm scared about my safety in my home place but nothing never happened to me regarding my sexuality.I should be able to wait til November 2018.

 

What's happening when You do the interview without having finished your 2 years? Can they refused the visa or just will not issue?

[Coco8 1,042]

Just now, IF-Mclean said:

I can't give the name of the program for security concerns. We are few people from Gambia who have done the program.So it will be easy to identify who I'm and I don't know who will read this post.

Not the name of the program, the branch in charge of the program. You can check this by looking at the 2019 or by looking at your J1 visa, it should say something like ECA/.../... ; whatever is after that identifies the office in charge of the program. They will be the ones providing an opinion to DOS about whether you should receive the waiver or not. 

 

Branches sponsor a ton of programs so nobody will be able to identify you.

 

2 minutes ago, IF-Mclean said:

I have never been in any LGBT organization. Few people know than I'm gay. That's the only way to be able to have a good position where I'm from.

I meant you could say you want to participate once you are in the US, if you get the waiver. To sort of show you'd like to contribute with what you've learn to improve your country's conditions.

 

3 minutes ago, IF-Mclean said:

What's happening when You do the interview without having finished your 2 years? Can they refused the visa or just will not issue?

You will be denied the visa. They usually count the days so be careful. 

 

 

[Tanambera 84]

8 minutes ago, Coco8 said:

Not the name of the program, the branch in charge of the program. You can check this by looking at the 2019 or by looking at your J1 visa, it should say something like ECA/.../... ; whatever is after that identifies the office in charge of the program. They will be the ones providing an opinion to DOS about whether you should receive the waiver or not. 

 

Branches sponsor a ton of programs so nobody will be able to identify you.

 

I meant you could say you want to participate once you are in the US, if you get the waiver. To sort of show you'd like to contribute with what you've learn to improve your country's conditions.

 

You will be denied the visa. They usually count the days so be careful. 

 

 

There is no ECA/... On my J1 visa. On the DS2019 form there is the name of the program (I can't share it) and the program  number: G-1-15321 (please don't write the name in your comment).

[Coco8 1,042]

21 minutes ago, IF-Mclean said:

There is no ECA/... On my J1 visa. On the DS2019 form there is the name of the program (I can't share it) and the program  number: G-1-15321 (please don't write the name in your comment).

 

OK. That is not it. Just in case, here is a list of all the offices in DOS

 

https://www.state.gov/documents/organization/112065.pdf

 

Your sponsor office is probably one of the offices under Bureau of Educational and Cultural Affairs (ECA). 

 

Anyway, if the IR-1 is going to take a while, then you can just push the interview date and avoid the waiver process. You can even let the consulate know what you want your interview to be after X date to meet the 2 year requirement and they will do that.

 

 

[Tanambera 84]

17 minutes ago, Coco8 said:

 

OK. That is not it. Just in case, here is a list of all the offices in DOS

 

https://www.state.gov/documents/organization/112065.pdf

 

Your sponsor office is probably one of the offices under Bureau of Educational and Cultural Affairs (ECA). 

 

Anyway, if the IR-1 is going to take a while, then you can just push the interview date and avoid the waiver process. You can even let the consulate know what you want your interview to be after X date to meet the 2 year requirement and they will do that.

 

 

Yes the program is endorsed by the ECA.

I'll share all this new informations with my partner and we will try to take the best way. But I think as you said I can avoid the waiver process.

I have a last question. 

You said Cr1 process takes between 12-14 month. What are the shortest and the longest timeline you have seen on this website?

Thank you again for taking your time to respond to me. I found the answers I was looking for.

[Coco8 1,042]

5 minutes ago, IF-Mclean said:

Yes the program is endorsed by the ECA.

I'll share all this new informations with my partner and we will try to take the best way. But I think as you said I can avoid the waiver process.

I have a last question. 

You said Cr1 process takes between 12-14 month. What are the shortest and the longest timeline you have seen on this website?

Thank you again for taking your time to respond to me. I found the answers I was looking for.

The longest times are for countries in the Middle East because they spend a lot of time in "administrative processing"; meaning they are doing background checks or just letting time go by. Some people have been waiting a year or 6 years at the consulate stage. 

 

In terms of "short", most people have a very similar timeline because most of the case is processing by USCIS in the US. There are small variations because some offices have less backlog, but really, not much difference. Most of the variation seems to be at the consulate stage. Some consulates can give you an interview in 3, 4, or 6 months from the time you request it; others can get you an interview in a month. 

 

You can check if there are statistics from your country on the site. Go here,

http://www.visajourney.com/timeline/k1list.php?cfl=&op3=5&op5=&op6=All

Then select your country and click "set filter".

 

 

Edited July 6, 2017 by Coco8

[Tanambera 84]

6 minutes ago, Coco8 said:

The longest times are for countries in the Middle East because they spend a lot of time in "administrative processing"; meaning they are doing background checks or just letting time go by. Some people have been waiting a year or 6 years at the consulate stage. 

 

In terms of "short", most people have a very similar timeline because most of the case is processing by USCIS in the US. There are small variations because some offices have less backlog, but really, not much difference. Most of the variation seems to be at the consulate stage. Some consulates can give you an interview in 3, 4, or 6 months from the time you request it; others can get you an interview in a month. 

 

You can check if there are statistics from your country on the site. Go here,

http://www.visajourney.com/timeline/k1list.php?cfl=&op3=5&op5=&op6=All

Then select your country and click "set filter".

 

 

Thanks a lot!

Without your advices I was good to wait til January to start the process.

[Coco8 1,042]

Just now, IF-Mclean said:

Thanks a lot!

Without your advices I was good to wait til January to start the process.

No problem.

 

Since you are here, you should both starting working on the IR-1 forms: http://www.visajourney.com/content/i130guide1

 

Your partner can submit everything when you leave. You might need a copy of your birth certificate but you can scan it and then it can be printed, and included in the envelope. 

[Tanambera 84]

26 minutes ago, Coco8 said:

No problem.

 

Since you are here, you should both starting working on the IR-1 forms: http://www.visajourney.com/content/i130guide1

 

Your partner can submit everything when you leave. You might need a copy of your birth certificate but you can scan it and then it can be printed, and included in the envelope. 

Ok we will.

One of his friend asked him to take a lawyer.  I told him than I have read on this website than that is not a mandatory. What do you think about? I don't think our case has any particularity outside of being a same sex wedding. I planned to move to US only because we can't be free there together.We have both a job and have seen each other 3 times (2 in US and 1 in my home place) and we plan to see each other at least 2 other times before the interview.

[Coco8 1,042]

1 minute ago, IF-Mclean said:

Ok we will.

One of his friend asked him to take a lawyer.  I told him than I have read on this website than that is not a mandatory. What do you think about? I don't think our case has any particularity outside of being a same sex wedding. I planned to move to US only because we can't be free there together.We have both a job and have seen each other 3 times (2 in US and 1 in my home place) and we plan to see each other at least 2 other times before the interview.

A lawyer will just cost you a lot of money and you still have to fill in the paperwork yourself. Follow the guides (but get the most recent forms from the USCIS webpage because they've created new ones) and ask questions on the board. 

 

There are a lot of same sex couples on the site and they've never have had any problems because of that.

 

[Tanambera 84]

6 minutes ago, Coco8 said:

A lawyer will just cost you a lot of money and you still have to fill in the paperwork yourself. Follow the guides (but get the most recent forms from the USCIS webpage because they've created new ones) and ask questions on the board. 

 

There are a lot of same sex couples on the site and they've never have had any problems because of that.

 

Great!

 I will show him your answer.

I'm going to take more informations about the CR1 process.