I believe we're on the right track

[gabriel123 2]

Hi all

 

I really appreciate everyone who takes a few minutes of their day to help me  

 

Here's a breakdown of our situation:

 

I'm a Brazilian citizen. She's an american citizen. She moved to Brazil very young and lived her whole life there with her family. We started dating in Feb / 2017

Last year I moved to the US on a J1 Visa (Trainee program) and she decided to move to the US too. We got a religious ceremony in Brazil on Sept/18 and got married in court in the US on Oct/2018

 

My J1 Visa, unfortunately, has the 2 year condition, which I requested a Waiver and the good people from DoS approved / sent on July 17th a Favorable Recommendation to the USCIS, who has the final decision on waiving it or not. 

Quote

The Two Year Home Residency Requirement is often referred as the 212(e). Only the U.S. Department of State can determine if a J-1 and/or J-2 is subject to the 212(e). If subject, a J-visa holder will have to physically reside within their last country of legal permanent residence for two years before s/he may return to the U.S. as an H-1B visa holder, L visa holder, K visa holder or as a Permanent Resident.  If subject, J-visitors are unable to apply for a change of status within the USA.  Being "subject" to this regulation does not prevent a visitor from returning to the U.S. in another visa status, such as F-1 (student), B1/B2 (tourist/business) or under the visa waiver program.

 

USCIS processing time for the J1 Waiver is between 2 weeks - 6 months.

 

My J1 will end on mid November and I have a 30 day grace period to stay in the US.

 

Ok, after this introduction of our situation, here's what we have:

Worst case scenario: USCIS dont waive the 2yr condition and there's nothing we can do. 

Another scenario: It takes the whole 6 months for the USCIS approve my waive request (So let's consider they will take a month to get the recommendation letter, we're talking about 7 months // Feb / 20). I could stay in the US and file for the AOS in here, but looking at USCIS times, it could take about 7 months to get a EAD / Work permit... That would mean i'd have to stay until August or Sept / 2020 without being able to work... And that's not fun

 

So here's the scenario my wife and I are currently considering:

My wife will stay here in the US and I'll go back to Brazil in the end of my trainee program and we can do the whole CR1 process, which roughly can take, let's say 9 - 10 months right? And after arrival in the US i'd be able to work almost right away, correct? I already have a SSC, however it shows "Valid for Work Only with DHS authorization" so I might need a new one... Right? 

 

Spoiler

 

I noticed that the DCF might be suited for us, however there's no USCIS office in Brazil, so I understand that's out of question, right? 

 

Please, let me hear your thoughts on our situation, if the CR1 would be the best option

 

We are thinking on consulting an attorney too, but we'd like to get these first few questions to understand what's the best path for us and when talking an attorney we would have some ideas if we would qualify for the CR1 (and if thats the best path)

 

Thank you so much!

 

[Boiler 45,576]

CR1 seems the best way to go, but 12 months or so would be a more normal processing time.

[Crazy Cat 41,919]

1 hour ago, gabriel123 said:

Please, let me hear your thoughts on our situation, if the CR1 would be the best option

From what you posted, I see no other good options.......and the CR-1 process is closer to 12-14 months.

Edited July 28, 2019 by missileman

[pinano 49]

If your J1 program was not funded by a Brazilian institution, I think odds are USCIS will have no problems with it, specially if it was privately funded, as I imagine a trainee position would be. 

 

I’m also subject to J1 212e and had to first request a waiver to the funding agency in Brazil, and was denied. 

 

So we’re now fulfilling the requirement. We filed the IR1 petition after one year and expect to have the visa about 3 months after the two years are up. My USC wife lives here with me, though, so it’s normal life until we move. 

[PK_ 43]

Regarding the AOS option with the pending J-1 2-year waiver, you can actually apply for the I-485 now since you have already been issued a favorable recommendation from DOS.

 

See USCIS field manual at https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19728.html#0-0-0-649

 

Quote

A “no objection” case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request. 

 

Here is what the I-485 form asks, and you would answer "yes" to 24.c.

 

 

[PK_ 43]

18 hours ago, gabriel123 said:

So here's the scenario my wife and I are currently considering:

My wife will stay here in the US and I'll go back to Brazil in the end of my trainee program and we can do the whole CR1 process, which roughly can take, let's say 9 - 10 months right? And after arrival in the US i'd be able to work almost right away, correct? I already have a SSC, however it shows "Valid for Work Only with DHS authorization" so I might need a new one... Right? 

Regarding the SSN, you will retain the exact same number for life. Once you have the green card (or CR-1 stamp on your passport), you will need to update your record at the social security administration, and they will send you a new card without the "Valid for work only with DHS authorization" clause.