2019 J1 WAIVER TIMELINE - New Applicants

[Oriol 4]

Dear all,

 

 

I only checked now because I received today the USCIS receipt number, but it was actually approved two weeks ago.

I will write more later.

[Hardship waiver 20]

23 minutes ago, Oriol said:

Dear all,

 

 

I only checked now because I received today the USCIS receipt number, but it was actually approved two weeks ago.

I will write more later.

Congratulations!! How long did it stay with DoS?  Also, was it based on no objection?

[Oriol 4]

Thank you, @Hardship waiver!

I will need to check exact dates, but the basic timeline for me was:

-December 17: Embassy issues NoS (after 5 months!).

-February 17 or so: DoS favorable recommendation.

-March 3: USCIS approval (discovered only today, March 15, as I received the USCIS receipt by mail)

All in all, and for what I have seen here, I have been remarkably lucky.

As you can see, indeed, it was based on No Objection.

All I have to wait for now is the actual paper waiver. As per the notice, if it has not reached me by this Thursday I should apply for a reissue. I will keep you posted.

I wish you good luck.

Edited March 16, 2021 by Oriol

[Oriol 4]

 Dear all,

 

 After all the trepidation of these months I received today in the mail the hard copy of my waiver. This was the very last step; the process is closed for me. All in all, between my embassy submitting the NoS to the US DoS, and receipt of the hard copy, the process lasted three months. Ironically, the hardest part was having my government (Colombia) releasing the NoS: that took about four months (to their credit, they were transparent about that from the very beginning).

 My case was as straightforward as it gets: I did not receive home country or US funds of any kind, directly or indirectly, during my J1 tenure, and by the time I applied for the waiver I had been living out of the US (although not in my home country) for three years. I had specified in my application that I had a job offer with a start date in July.

  I will unsubscribe from the forum in a few days, but I just want to thank everyone for their support and to wish you good luck in this process.

 

[schultoy 3]

Dear all, 

 

I meant to post this sooner... finally a positive update, the 2 words I dreamed of for months... => FAVORABLE RECOMMENDATION. 🤗

Goes to show there is hope for those who had US gov funded programs!

 

Application package delivered - May 21

Fee cashed - May 29

Embassy NOS delivered - June 19

Case showed up online - Sept 18 

 

... See photo for the rest of the updates!

("Incomplete Info Letter" was basically an RFE asking for evidence on a medical claim in my statement, and "Other" is my response to the RFE with a doctor's report.)

 

I'm just SO relieved to see "Favorable Rec" even though it took ~10 months since I filed. I'm also in the middle of Adjustment of Status so hopefully I will have the hard copy waiver before the final interview!

 

THAT SAID, I have no idea when to expect the actual hard copy waiver from USCIS. Any steps I should be taking?

 

Thank you all!

 

[Hardship waiver 20]

19 minutes ago, schultoy said:

Dear all, 

 

I meant to post this sooner... finally a positive update, the 2 words I dreamed of for months... => FAVORABLE RECOMMENDATION. 🤗

Goes to show there is hope for those who had US gov funded programs!

 

Application package delivered - May 21

Fee cashed - May 29

Embassy NOS delivered - June 19

Case showed up online - Sept 18 

 

... See photo for the rest of the updates!

("Incomplete Info Letter" was basically an RFE asking for evidence on a medical claim in my statement, and "Other" is my response to the RFE with a doctor's report.)

 

I'm just SO relieved to see "Favorable Rec" even though it took ~10 months since I filed. I'm also in the middle of Adjustment of Status so hopefully I will have the hard copy waiver before the final interview!

 

THAT SAID, I have no idea when to expect the actual hard copy waiver from USCIS. Any steps I should be taking?

 

Thank you all!

 

Congratulations!! 
I have a question about the adjustment of status. How did you apply for it without having the waiver? Wouldn’t that be considered an incomplete application? I have been in this mess for three year’s waiting on the waiver.

[JaneNC 1]

First, congratulations on your FR! You mentioned in your post that you have already applied for the adjustment of status. I thought you need to wait for the official waiver from USCIS? Can you apply for this simultaneously? Thank you.

[Hardship waiver 20]

1 minute ago, JaneNC said:

First, congratulations on your FR! You mentioned in your post that you have already applied for the adjustment of status. I thought you need to wait for the official waiver from USCIS? Can you apply for this simultaneously? Thank you.

Exactly what I asked!! I could have applied long time ago...

[schultoy 3]

1 minute ago, Hardship waiver said:

Congratulations!! 
I have a question about the adjustment of status. How did you apply for it without having the waiver? Wouldn’t that be considered an incomplete application? I have been in this mess for three year’s waiting on the waiver.

Every lawyer I spoke to back in Sept-October 2019 told me I can't apply for AoS until I have the waiver. I think they just didn't want to handle a J1 waiver case especially because the program was US funded. I was so close to giving up, but in March 2020 my US spouse spoke to another lawyer who had a different opinion and had done NOS Waivers before. 

 

BASICALLY, he explained that applying for AoS was a good idea for 2 reasons:

1- Even though I was going to be out of status (I am now) after my student visa and OPT expired, I am staying in the US without accumulating "period of unauthorized stay" because having a pending AoS case gives you temporary authorized stay (and work authorization, etc) — so, it basically keeps you from becoming illegal, which is always a plus 😅 

2- If the waiver is approved (it is now!) I wouldn't actually need to prove that I have it until the final day of the interview, unless they choose to send an RFE before. So, in a way, AoS was buying me time to get the waiver. And I did include in my AoS package that I APPLIED for a waiver, and attached a copy of the DoS fee receipt and screenshot of the online system update.

 

Hope this helps!

[JaneNC 1]

Thank you for the explanation! I thought it might be risky and jeopardize the chances of getting the AOS approved.

[Hardship waiver 20]

3 minutes ago, schultoy said:

Every lawyer I spoke to back in Sept-October 2019 told me I can't apply for AoS until I have the waiver. I think they just didn't want to handle a J1 waiver case especially because the program was US funded. I was so close to giving up, but in March 2020 my US spouse spoke to another lawyer who had a different opinion and had done NOS Waivers before. 

 

BASICALLY, he explained that applying for AoS was a good idea for 2 reasons:

1- Even though I was going to be out of status (I am now) after my student visa and OPT expired, I am staying in the US without accumulating "period of unauthorized stay" because having a pending AoS case gives you temporary authorized stay (and work authorization, etc) — so, it basically keeps you from becoming illegal, which is always a plus 😅 

2- If the waiver is approved (it is now!) I wouldn't actually need to prove that I have it until the final day of the interview, unless they choose to send an RFE before. So, in a way, AoS was buying me time to get the waiver. And I did include in my AoS package that I APPLIED for a waiver, and attached a copy of the DoS fee receipt and screenshot of the online system update.

 

Hope this helps!

This makes sense that the final decision on your AoS will be given once you give them the hard copy of your waiver, but this saves so much time!!! Sometimes I feel lawyers can be so stupid

[schultoy 3]

1 hour ago, JaneNC said:

Thank you for the explanation! I thought it might be risky and jeopardize the chances of getting the AOS approved.

Certainly there was risk and it was not an easy decision — first, the risk of the waiver not being approved, which means the AoS application (and the COST!!!) goes to waste and the clock starts ticking for unauthorized stay – and second, the risk of AoS being ready for interview BEFORE the waiver, thereby having to intentionally delay the interview while waiting for the unknown (and not being able to commit to work...)

 

So yes, I was worried about the risks too. But frankly, at that point I already felt the walls closing in on me and had nothing left to lose 😪 (...then the pandemic started and the walls really closed in on everyone!) so when we spoke to this lawyer and he didn't just tell me to "go home and do consular processing" — I said "where do I sign?" 😅

 

PS: AoS has been pretty slow anyway... Filed in Sept, did my biometrics in March, and still waiting for EAD, etc... 

[Ola87 5]

On 4/6/2021 at 8:58 AM, schultoy said:

Every lawyer I spoke to back in Sept-October 2019 told me I can't apply for AoS until I have the waiver. I think they just didn't want to handle a J1 waiver case especially because the program was US funded. I was so close to giving up, but in March 2020 my US spouse spoke to another lawyer who had a different opinion and had done NOS Waivers before. 

 

BASICALLY, he explained that applying for AoS was a good idea for 2 reasons:

1- Even though I was going to be out of status (I am now) after my student visa and OPT expired, I am staying in the US without accumulating "period of unauthorized stay" because having a pending AoS case gives you temporary authorized stay (and work authorization, etc) — so, it basically keeps you from becoming illegal, which is always a plus 😅 

2- If the waiver is approved (it is now!) I wouldn't actually need to prove that I have it until the final day of the interview, unless they choose to send an RFE before. So, in a way, AoS was buying me time to get the waiver. And I did include in my AoS package that I APPLIED for a waiver, and attached a copy of the DoS fee receipt and screenshot of the online system update.

 

Hope this helps!

Hey brother, I sent you a message here , do you mind checking ?

[YOUNGLUNYA 0]

Can any one tell me whats the different between sponsor's view requested and sponsor's view sent? 

 

 

Item	Action	Date
Request for Sponsor Views	Sent	May, 07 2021
Sponsor Views	Requested	March, 28 2021
No Objection Statement	Received	October, 14 2020
Passport Data Page	Received	September, 23 2020
Fee	Received	September, 22 2020
Form DS-3035	Received	September, 22 2020
Form DS-2019	Received	September, 22 2020
Statement Of Reason	Received	September, 22 2020

[Hardship waiver 20]

Hi! DoS hasn’t responded to my email yet. It has been 10 days. I emailed them on week 24 reminding them that this the last week of their “processing time.” Is it possible that they won’t reply to me since it was not outside processing time? They haven’t yet asked for sponsor views!!   Now of course it is outside processing time. Should I email them again or should I wait for their 15-20 schedule to respond to emails. Please help. I also submitted a congressional inquiry (it was processed the same day) and it has been 10 days and I haven’t heard anything yet. Ugh!