What do you do after I-612 gets denied?

[SalishSea 17,828]

5 hours ago, hummingbird0909 said:

Hi, this is really unfortunate, but our I-612 got denied recently. (EH waiver to a USC spouse) What are our options moving forward? any advice? our lawyer mentioned re applying. Our initial and very emotional thought is to just go home and serve the 2 yrs. But the lawyer mentioned that by doing that, we would have to overcome another waiver w/c is the I-601 and that can add 1-3+ years (processing time rn) to the 2years.  We are at lost right nowx and we are still waiting on the denial letter to come thru mail. so we are still confused on what grounds did they deny our waiver to. 

 

Please if anybody is on the same boat, or had been thru this situation. We would greatly appreciate any input. 

Plan to move spouse/family to home country.   Not everyone gets an immigrant visa.

[Demise 1,283]

5 hours ago, hummingbird0909 said:

Hi, this is really unfortunate, but our I-612 got denied recently. (EH waiver to a USC spouse) What are our options moving forward? any advice? our lawyer mentioned re applying. Our initial and very emotional thought is to just go home and serve the 2 yrs. But the lawyer mentioned that by doing that, we would have to overcome another waiver w/c is the I-601 and that can add 1-3+ years (processing time rn) to the 2years.  We are at lost right nowx and we are still waiting on the denial letter to come thru mail. so we are still confused on what grounds did they deny our waiver to. 

 

Please if anybody is on the same boat, or had been thru this situation. We would greatly appreciate any input. 

Can you get a no objection statement from your country's consulate? That's the generally easier option instead of doing I-612 for J-1/2 foreign residency requirement.

[Family 3,988]

3 hours ago, Demise said:

any advice? our lawyer mentioned re applying. Our initial and very emotional thought is to just go home and serve the 2 yrs. But the lawyer mentioned that by doing that, we would have to overcome another waiver w/c is the I-601 and that can add 1-3+ years (processing time rn

The I-601 is not a bad option if spouse is ok waiting in US ( no status , just an approved I-130 as spouse of USC). After I-601 approved, adjust in US without leaving 

[hummingbird0909 1]

Hi, after talking to other friends (who went on the same journey) and got different counsel, it seems our viable option is to reapply our 612 waiver. My question: How many times can we apply for it? 

[hummingbird0909 1]

On 7/16/2023 at 6:02 PM, Demise said:

Can you get a no objection statement from your country's consulate? That's the generally easier option instead of doing I-612 for J-1/2 foreign residency requirement.

I’m from the Philippines and they are not giving any NOS to citizens married to USC right now. Only thing they will give it is when you’re a part of a research that is meritorious to the PH, which they do not have clear standards yet. 

[jan22 3,053]

On 7/16/2023 at 9:01 PM, Family said:

The I-601 is not a bad option if spouse is ok waiting in US ( no status , just an approved I-130 as spouse of USC). After I-601 approved, adjust in US without leaving 

This plan would only work if they had an I-612 waiver approved (waiving the 2-year home residency requirement for a J-1 visa).  Without that waiver, there is no way to adjust status in the US. 

 

If the I-612 is approved, and they can apply to adjust status in the US, then there is no need for the I-601 waiver for the overstay, as that ineligibility only applies once the person Ieaves the US.  Otherwise, the overstay adjudication for the spouse of a US citizen essentially occurs within the I-485 Adjustment of Status process If a person doesnt leave the US.

[Crazy Cat 41,845]

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