J1 visa home residency

[Wajid 0]

Hi I need some help I had j1 visa which is expired then I’m married to a us citizen I have approved i-1-130, if I go back home now for two year is gonna be any problem coming back as my wife already sponsored me?

[portorusa 431]

Not enough information provided on your J1 visa. Why do you go back home for two years? Did your J1 have a 2 year rule attached?

If yes, then on the day of your interview for your CR1/IR1 you should have the 2 year rule completed to be able to get your immigrant visa approved.

[Wajid 0]

I have two year home residency on visa stamp but my DS 2019 has nothing marked, I applied for hardship waiver but denied last month, now I don’t know what to do, I’m thinking to do the advisory opinion because I came in 2009, and even my country is not in the 2009 skill list I’m just kinda confused. 

[eliottreid 9]

Did you try no objection waiver?

[Wajid 0]

No I didn’t try the no objection waiver, but I’m not sure that I can apply for no objection because I came on j1 visa on my own funding then later I got some stipends from my department supervisor. So I don’t know can I apply for no objection in this case because I have no fellowship or scholarship from my country?

[eliottreid 9]

12 hours ago, Wajid said:

No I didn’t try the no objection waiver, but I’m not sure that I can apply for no objection because I came on j1 visa on my own funding then later I got some stipends from my department supervisor. So I don’t know can I apply for no objection in this case because I have no fellowship or scholarship from my country?

That's the easiest no objection there is lol. If you don't have funding from any government, they'll give you the waiver easily. It's harder for those who have funding from a government. 

[Wajid 0]

Hi, yes I have the funding from US government but not from my own country can I still apply for no objection letter?

and one thing more my DS 2019 form has nothing marked so can I apply for advisory opinion request? Thanks for your help 

[bayfinest 27]

You can apply for an Advisory Opinion it's free.

 

This information is directly from the Department of State. Its always a case to case basis of certain J1 visa holder. 

 

Some exchange visitors (with J-1 visas) are subject to the two-year home-country physical presence requirement. This includes current and former exchange visitors. You are subject if one or more of the following applies to you:

• Government funded Exchange Program - You participated in a program funded in whole or in part by a U.S. government agency, your home country’s government, or an international organization that received funding from the U.S. government or your home country’s government.
• Specialized Knowledge or Skill – You participated in a program involving an area of study or field of specialized knowledge designated as necessary for further development of your home country and appears on the Exchange Visitor Skills List for your home country.
• Graduate Medical Education/Training - You participated in a program to receive graduate medical education or training.

See References – U.S. Laws, numbers 1, 2, and 3, on the U.S. laws that created the two-year home-country physical presence requirement.

[Wajid 0]

Is it ok to apply for hardship waiver by self if I can collect all the required documents?

thanks for help 

[bayfinest 27]

6 hours ago, Wajid said:

Is it ok to apply for hardship waiver by self if I can collect all the required documents?

thanks for help 

Better to apply first an Advisory Opinion with your cover letter. Goodluck!

[Coco8 1,042]

The advisory opinion takes the same time as the no objection waiver. 

 

(1) Have you been in the US on J1 since 2009? If you changed to another visa (e.g. F1) then any time you visited your country on the other visa counts as time in your home country. So if you went to visit your family or on holidays, it counts towards the 2 years. 

 

(2) What US funding did you have? There are different sources and each one has a different procedure. Fulbright doesn't allow waiver. But NHI or other organisms do provide positive opinions towards waivers. 

 

(3) Hardship waivers require lawyers. If you didn't do it with a lawyer, it's very hard to get.