Waiver for J-1 visa

[Cecile and Bryan 0]

Hello,

This is my first topic on this website (and it should be followed by many others)

Right now, my US boyfriend and I are trying to figure out all the possibilities we have in order to be together again. We will probably go throught the K-1 procedure, but who knows...

I found a company in the USA that is willing to hire me (and of course I am going to have to tell them 'yes' or 'no' soon!); I would therefore go there for a year on a J-1 visa. Now I wonder what happens if during my stay over there, my boyfriend and I decide to get married.

I have gathered information all around the Internet but some elements are still missing.

I do know that the J-1 visa implies a two year home residency requirement and that if I marry my boyfriend, then the only way to get rid of this two year requirement would be to get a waiver.

In order to get the waiver, I would need to get a no-objection letter from my government (French).

So, here are all my questions about this situation:

- firstly, what would I need to do in order to get the no-objection letter?

- secondly, once I would get the no-objection letter, would there be any other 'special' documents required to get the waiver? (I am not talking of the documents for the AOS or anything, only specifically for the waiver)

- third, once I have everything, is it hard to get that waiver? Like does the US government give only one waiver out of 50 requests they receive and many couples can never have it?

If someone knows how to answer at least one of these questions, then thank you very much

[YuAndDan 153]

J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Cecile and Bryan 0]

Thank you for the link, and yes I know that the best thing to do in such case is to meet an attorney.

I asked my questions here because there are probably some people here that have done it, and before to get an appointment with an attorney, it is better to know a few things about the process.

I have found this link http://www.hooyou.com/j-1/j1_noobjection.html and it explains pretty well the process for the waiver but it doesn't answer to all of my questions, and it even gives me more doubts.

I suppose the J-1 Visa Waiver Recommendation Application they talk about is the 'no-objection letter', but that still doesn't explain how to get it.

And I wonder, which process would be of less burden? K-1 or J-1+waiver (since I have the possibility to get the J-1)?

Might they consider the J-1+marriage+waiver as fraud?

[YuAndDan 153]

Thank you for the link, and yes I know that the best thing to do in such case is to meet an attorney.

I asked my questions here because there are probably some people here that have done it, and before to get an appointment with an attorney, it is better to know a few things about the process.

I have found this link http://www.hooyou.com/j-1/j1_noobjection.html and it explains pretty well the process for the waiver but it doesn't answer to all of my questions, and it even gives me more doubts.

I suppose the J-1 Visa Waiver Recommendation Application they talk about is the 'no-objection letter', but that still doesn't explain how to get it.

And I wonder, which process would be of less burden? K-1 or J-1+waiver (since I have the possibility to get the J-1)?

Might they consider the J-1+marriage+waiver as fraud?

I would suspect you get the "No objection Letter" from your Consulate or Embassy in the USA.

[Cecile and Bryan 0]

Alright, I found more information, but now what I really wonder about is if they will give me the waiver.

Does anybody know if they usually accept the request of someone on a J-1 who married a USC? Or would we have very little chance to get it?

[em79sugar 1]

Hello,

i am a bit confused, do you already have the J1 Vis or are you going to get this? Here is there thing, there are two ways to apply for the waiver, either you are here in the US, you marry the citizen on the J1 and you now apply for Adjustment of Status which you would also apply for the waiver, most J1 visa holders that apply for the No Objection type of HRR Waiver are usually in the US, not in their home country, like my fiance who was subject to the Home Residency Requirement was after he finished his internship on a J1 Visa in the states. If you already had the J1 and you know for certain you are subject to the Home Residency requirement (you will know this because you had a DS-019 form that you completed prior to being issued your J1 Visa, it will have 3 check boxes on this form and will state if you are subject to the home residency requirement. If so, start applying for your Waiver today.

Here is the link

http://travel.state.gov/visa/temp/info/info_1296.html

Do it online and have your US fiance submit it all for you

Good luck

Alright, I found more information, but now what I really wonder about is if they will give me the waiver.

Does anybody know if they usually accept the request of someone on a J-1 who married a USC? Or would we have very little chance to get it?