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When to submit the J-1 waiver during the I-130 process?

By duser in Student & Exchange Visitor Visas

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duser Newbie

duser   0

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Hello,

 

I successfully received my waiver for the J-1 two-year rule based on exceptional hardship. Now, my spouse is going to start the I-130 petition online to initiate the green card process (I had to leave the US due to the long processing time and won’t be able to do AOS/I-485). When should we submit/mention that I received a waiver and am no longer subject to the two-year rule?

 

Thanks!
 

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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11 minutes ago, duser said:

Hello,

 

I successfully received my waiver for the J-1 two-year rule based on exceptional hardship. Now, my spouse is going to start the I-130 petition online to initiate the green card process (I had to leave the US due to the long processing time and won’t be able to do AOS/I-485). When should we submit/mention that I received a waiver and am no longer subject to the two-year rule?

 

Thanks!
 

Which country are you from?

I believe the waiver is only needed at the interview.  It is definitely not needed when you file the I-130. 

Some people file the I-130 as soon as the beneficiary leaves and then leave the case at NVC so they pass the 2 year mark at the embassy interview. 

See this thread for reference:

Depending on when you interview you 

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Crazy Cat Grand Master

Crazy Cat   41,886

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Filed: Citizen (apr) Country: Taiwan
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8 minutes ago, ROK2USA said:

I believe the waiver is only needed at the interview. 

Agree.  I don't see how the waiver is relevant to the marriage relationship..... which is all the I-130 establishes.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Waiver may not be relevant at all by the time you interview as the 2 years may have passed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,886

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Filed: Citizen (apr) Country: Taiwan
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4 minutes ago, Boiler said:

Waiver may not be relevant at all by the time you interview as the 2 years may have passed.

Great point, @Boiler. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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Posted (edited)
19 minutes ago, Boiler said:

Waiver may not be relevant at all by the time you interview as the 2 years may have passed.

Correct me if I'm wrong but the OP could have filed the I-130 when they filed the waiver, correct? They did not need an approved waiver before filing the I-130 and the I-485?

Edited by ROK2USA
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Crazy Cat Grand Master

Crazy Cat   41,886

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, ROK2USA said:

Correct me if I'm wrong but the OP could have filed the I-130 when they filed the waiver, correct? They did not need an approved waiver before filing the I-130 and the I-485?

I think an RFE would have been issued for the I-485......but I could be wrong....

@Boiler

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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I 130 filing does not have to wait for the waiver to be approved

 

My recollection is that people file the I 485 after they have the approved waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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