Experience with Adjustment of Status? [merged threads]

[jan22 3,053]

21 hours ago, nmanc33 said:

Thank you for the explanation! I believe I understand.

 

Her US gov funded j1 waiver was 5 weeks total and I believe the cost was around $5000 they provided - Not a multi month program.

I guess my confusion comes from the HRR part, although she was here later on a visa, and we got married here in the US prior to her visa expiring and has lived here since, is the confusing part. I get the home country rule, that at the same time her country sent the no objection statement, with no objection.

 

So at this point, until we receive the letter to see why exactly it was not favorable, is it safe to somewhat assume that it is because the US government program funded her original visa? Afterwards, she only traveled with an ESTA.

 

I also know I'm reading too much into this, I just never imagined they may possibly want her to go back for 2 years, after being married here for 2 years with a life, home and kids to come.

The HRR only stops a person from being approved for certain work visas and immigrant visas.  It does not prohibit tourist visas for visits to the US or student visas for additional study in the US, for example.  But, at the end of the time in the US, the expectation is for the person to return to their home country.  While in the US, there is no restriction on activities (except crimes, of course!) so the US government is not going to stop you from getting married -- but there still is the presumption that you will leave the US at the end of your authorized stay to fulfill the obligation you agreed to when accepting the J-1 program participation.  ( And, BTW, you are right -- it can be done cumulatively, not all at once).

 

Nobody here can say that it is safe to assume the only reason for the denial of the waiver is just because of the US government funding.  That is most likely at least part of the reason. However, you haven't said under which basis you applied for the waiver. Each of them have specific information that must be submitted.  For example, if you filed on the basis of "Extreme Hardship to a US Citizen Spouse or Child" --which is the most common basis used -- you must have already filed an I-612 waiver with USCIS.  USCIS sends its determination that there would be extreme hardship (beyond the "mere" separation from spouse or child) to the Waiver Review Division at the State Department.  If USCIS does not find that you have identified extreme hardship and, therefore, does not approve the I-612, the State Department would not be able to approve the HRR waiver.

 

If you haven't already done so, I would encurage you to read the State Department information on waiver of the HRR carefully:  https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html#hardship.

 

 

Edited October 4, 2023 by jan22

[Timona 4,207]

If she's 6 months short, why not let her return home and complete it? I'd rather do 6 months than paperwork for 2 years

[Rocio0010 5,579]

On 10/3/2023 at 3:23 PM, nmanc33 said:

cumulative to my understanding

Correct. 
 

 

On 10/3/2023 at 3:23 PM, nmanc33 said:

no objection statement from her home country

The J1 wasn’t funded by her home country, so her country couldn’t care less if she doesn’t comply with the two year HRR.

 

On 10/3/2023 at 3:23 PM, nmanc33 said:

I know it's rare, but isn't it possible to still have a favorable result from USCIS although the DOS doesn't give a favorable recommendation?

Possible? Might be. But I doubt it’s because USCIS supersedes what the DOS rules. If it happens, I bet it’s because the left hand doesn’t know what the right one does, meaning USCIS might approve the case by mistake. And then you’d have a big headache in further applications. This is not the only rodeo you’ll have with USCIS. 

[PASTJOURNEY18 9]

On 10/4/2023 at 9:08 AM, Timona said:

If she's 6 months short, why not let her return home and complete it? I'd rather do 6 months than paperwork for 2 years

She's finishing her Masters in the US now.

[PASTJOURNEY18 9]

On 10/4/2023 at 6:54 PM, Rocio0010 said:

Correct. 
 

 

The J1 wasn’t funded by her home country, so her country couldn’t care less if she doesn’t comply with the two year HRR.

 

Possible? Might be. But I doubt it’s because USCIS supersedes what the DOS rules. If it happens, I bet it’s because the left hand doesn’t know what the right one does, meaning USCIS might approve the case by mistake. And then you’d have a big headache in further applications. This is not the only rodeo you’ll have with USCIS. 

I may have a misunderstanding about the No Objection of your comment, but the way I have understood it is that a No Objection statement from her home country practially means that she is still a resident of her own country, regardless of how many times she's left the country - She owns a home there, pays taxes there, etc. If she were to travel every day to her neighboring country to work and come back every night or take a 3 day vacation, it would mean that her cumulative days wouldn't add up? (Which makes no sense).

[PASTJOURNEY18 9]

Update - received a I-797C, Notice of Action for her case. Fingers crossed.

[PASTJOURNEY18 9]

On 10/4/2023 at 8:47 AM, jan22 said:

The HRR only stops a person from being approved for certain work visas and immigrant visas.  It does not prohibit tourist visas for visits to the US or student visas for additional study in the US, for example.  But, at the end of the time in the US, the expectation is for the person to return to their home country.  While in the US, there is no restriction on activities (except crimes, of course!) so the US government is not going to stop you from getting married -- but there still is the presumption that you will leave the US at the end of your authorized stay to fulfill the obligation you agreed to when accepting the J-1 program participation.  ( And, BTW, you are right -- it can be done cumulatively, not all at once).

 

Nobody here can say that it is safe to assume the only reason for the denial of the waiver is just because of the US government funding.  That is most likely at least part of the reason. However, you haven't said under which basis you applied for the waiver. Each of them have specific information that must be submitted.  For example, if you filed on the basis of "Extreme Hardship to a US Citizen Spouse or Child" --which is the most common basis used -- you must have already filed an I-612 waiver with USCIS.  USCIS sends its determination that there would be extreme hardship (beyond the "mere" separation from spouse or child) to the Waiver Review Division at the State Department.  If USCIS does not find that you have identified extreme hardship and, therefore, does not approve the I-612, the State Department would not be able to approve the HRR waiver.

 

If you haven't already done so, I would encurage you to read the State Department information on waiver of the HRR carefully:  https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html#hardship.

 

 

Correct, I612 originally - after many months they asked for waiver.

[SalishSea 17,826]

On 10/16/2023 at 11:15 AM, nmanc33 said:

Correct, I612 originally - after many months they asked for waiver.

You have no way around this requirement.

[PASTJOURNEY18 9]

28 minutes ago, SalishSea said:

You have no way around this requirement.

Sorry, which requirement?

I understand we need the waiver and that's what the discussion is about.

[PASTJOURNEY18 9]

Hi everyone,

 

Long story short, I'm starting to realize that our attorney - recommended by several friends - may have been incompetent. My wife and I got married almost 2 years ago here in the states (I am a US Citizen). We got married rather quickly, but 30 days after her visa expired. She originally came on a government sponsored visa with section 212(e), but still filed for I-485, but got denied (yet still got approved the I-130 for marriage).

 

Since her visa has long gone expired, we filed a I-612 and the DOS came a not favorable recommendation - then USCIS denied the I-612 filed under No Objection (5 week government funded visa originally) due to DOS recommendation.

 

Now we are deciding what our next steps should be before we talk in depth with our attorney (or find search for another).

 

Any suggestions on this without her leaving - she's finishing her masters here, bought a home, etc (no children).

 

I came across I-612 and also the I-601/I-601a, but would love to hear some recommendations. We do not plan to apply for I-612 again under hardship as I think it will be a waste of time.

 

Thank you all!

[PASTJOURNEY18 9]

Update - Denied due to not favorable recommendation due to government funded Visa originally with 212(e) and DOS unfavorable recommendation. Now looking for alternatives. Any suggestions would be greatly appreciated!

 

(Also looking into I-612 and 601(a)).

[Chancy 6,241]

*** Merged related threads.  Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

[PASTJOURNEY18 9]

Hi everyone,

 

Does anyone have any experience or recommendations with a hardship waiver or suggestions for a married couple, one being a USC?

Many thanks.

[Rocio0010 5,579]

They rarely work. 

And in the rare case where they work, it's because the one needing immediate assistance is the USC, not the intending immigrant.

[Boiler 45,484]

If we are talking about an I 601? then yes there are lots of examples. Obviously depends on the details, an overstay is one thing, major international drug dealer another.