Will it be possible to get another J1 if I get my approved i-130 cancelled?

[toaosornotto 1]

I am currently in the US on a J1 visa. I am able to adjust status (child of a USC) however I am not able to find a joint sponsor to satisfy the financial requirements. The embassy in my home country is backlogged by at least 2 years. My current J1 program wants me to come back in a few months on another J1 visa. Will I be able to get another J1 if I cancel my approved i-130 petition and go back home?

[OldUser 5,968]

On 8/19/2024 at 3:29 PM, toaosornotto said:

I am currently in the US on a J1 visa. I am able to adjust status (child of a USC) however I am not able to find a joint sponsor to satisfy the financial requirements. The embassy in my home country is backlogged by at least 2 years. My current J1 program wants me to come back in a few months on another J1 visa. Will I be able to get another J1 if I cancel my approved i-130 petition and go back home?

You cannot cancel I-130. It belongs to petitioner. It's also approved, not sure if it's possible to withdraw it.

 

Also, the probability of another J1 after approved I-130 is low.

 

[toaosornotto 1]

On 8/27/2024 at 7:14 PM, OldUser said:

You cannot cancel I-130. It belongs to petitioner. It's also approved, not sure if it's possible to withdraw it.

 

Also, the probability of another J1 after approved I-130 is low.

 

I will be asking the petitioner to cancel the I-130. The I-130 was filed and approved before I applied for a J1 and the J1 was approved as well. However, that was when my immigrant category was F1. During my J1 visit, DoS has found me CSPA eligible so now it is IR2 and I can adjust status. Sadly, I cannot overcome the public charge so I am considering cancelling the I-130 and coming back on another J1.

[OldUser 5,968]

5 hours ago, toaosornotto said:

I will be asking the petitioner to cancel the I-130. The I-130 was filed and approved before I applied for a J1 and the J1 was approved as well. However, that was when my immigrant category was F1. During my J1 visit, DoS has found me CSPA eligible so now it is IR2 and I can adjust status. Sadly, I cannot overcome the public charge so I am considering cancelling the I-130 and coming back on another J1.

It's very optimistic to assume another J1 will be issued. But you can try.

[toaosornotto 1]

1 hour ago, OldUser said:

It's very optimistic to assume another J1 will be issued. But you can try.

Not even if the I-130 gets cancelled? 

[appleblossom 1,878]

1 hour ago, toaosornotto said:

Not even if the I-130 gets cancelled? 

 

It's worth a try, but you've now shown immigrant intent.

[SalishSea 17,444]

5 hours ago, toaosornotto said:

Not even if the I-130 gets cancelled? 

Cancelling petitions doesn't mean they are "erased" from the system.  Your immigrant intent and filing history remains on file.

[toaosornotto 1]

13 hours ago, appleblossom said:

 

It's worth a try, but you've now shown immigrant intent.

What is the source of the immigrant intent? Is it the I-130? Because my J1 was approved despite having an approved I-130 (preference category was F1). Or is it being CSPA eligible and having preference category IR2, which presumably should be fixed by withdrawing the I-130 and instead of adjusting status, coming back to the home country? I am just having a hard time understanding how one can have immigrant intent if you choose not to immigrate despite having the opportunity to do it? I have not filed I-485.

[jan22 3,014]

On 8/30/2024 at 1:54 AM, toaosornotto said:

What is the source of the immigrant intent? Is it the I-130? Because my J1 was approved despite having an approved I-130 (preference category was F1). Or is it being CSPA eligible and having preference category IR2, which presumably should be fixed by withdrawing the I-130 and instead of adjusting status, coming back to the home country? I am just having a hard time understanding how one can have immigrant intent if you choose not to immigrate despite having the opportunity to do it? I have not filed I-485.

Just want to present something from a consular officer’s possible perspective.

 

Your last question, if I read your posts right, does not really describe your situation.  You are not “choosing” to not immigrate because you no longer want to immigrate.  You are dropping the immigration idea because right now you can’t meet the requirements.   It seems like, If you found a joint sponsor, you would proceed with immigrating.  It would appear to the consular officer that you merely dropped the IV petition so you would appear more qualified for a non-immigrant visa as you want to immediately return to the US and resume your life there.

 

The first JI was approved when you had a tears-long wait (for petition approval and the for a visa number to become available).  So, time to complete J1 your program, return home, and wait for the process to be completed.  You are no longer in that situation.

[toaosornotto 1]

4 hours ago, jan22 said:

Just want to present something from a consular officer’s possible perspective.

 

Your last question, if I read your posts right, does not really describe your situation.  You are not “choosing” to not immigrate because you no longer want to immigrate.  You are dropping the immigration idea because right now you can’t meet the requirements.   It seems like, If you found a joint sponsor, you would proceed with immigrating.  It would appear to the consular officer that you merely dropped the IV petition so you would appear more qualified for a non-immigrant visa as you want to immediately return to the US and resume your life there.

 

The first JI was approved when you had a tears-long wait (for petition approval and the for a visa number to become available).  So, time to complete J1 your program, return home, and wait for the process to be completed.  You are no longer in that situation.

Will it help if the J1 program is well-reputed (think Harvard/MIT level, cannot give details in a public forum) and I am being invited instead of applying there myself? And is there a way the consular officer would know about the reason for not being able to immigrate?

Edited September 3 by toaosornotto

[OldUser 5,968]

3 hours ago, toaosornotto said:

Will it help if the J1 program is well-reputed (think Harvard/MIT level, cannot give details in a public forum) and I am being invited instead of applying there myself? And is there a way the consular officer would know about the reason for not being able to immigrate?

They may ask you why I-130 was withdrawn during the interview. 

 

You're trying to unring the bell...

Edited September 4 by OldUser

[jan22 3,014]

4 hours ago, toaosornotto said:

Will it help if the J1 program is well-reputed (think Harvard/MIT level, cannot give details in a public forum) and I am being invited instead of applying there myself? And is there a way the consular officer would know about the reason for not being able to immigrate?

It’s not a question of the quality of the host agency or the program.  It’s whether you meet all the qualifications for the visa — the main one of which is non-immigrant intent by planning to return home and utilize what you learned/gained in the US.  The J visa program is an exchange program with its purpose of sharing culture, knowledge, and experiences met by the J visa holder returning home to use those experiences and that knowledge.

 

The officer will most certainly know of the approved I-130 and will question why it was canceled — at which point they will ask you and you will need to answer truthfully.

Edited September 4 by jan22