Robble42

Out of status doesn't mean an automatic 3 or 10 year bar anymore. You are not accruing unlawful presence until a judge or immigration agency says so. In 2020, a court issued a permanent injunction (https://www.uscis.gov/sites/default/files/document/injunctions/Guilford-College-v.-Nielsen-summary-judgment-permanent-injunction.pdf) against the 2018 rule, instructing the USCIS to go back to the 2009 Guidance (https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF). However, we heard from a lawyer that if you are out of status and go back, you still risk not being able to get back to the US because the issuance of a visa is at the discretion of the embassy.

Yes, she should file right away if you aren't planning on coming back on a non-immigrant visa. I heard it's taking about 2 years to process the I-130 these days.

Of course, we already have. That's how I know about all our options already... I'm just wondering if anyone else out there is going through something similar so that we can commiserate.

My husband applied for a J1 Hardship waiver for a 212(e) requirement based on his USC spouse (me), but we got denied roughly 2 1/2 years after filing (USCIS found hardship but DOS denied. Not financed by a US gov't agency). He hasn't been able to work for over a year. Living in his home country is not a viable option for me (I have a career here and family caregiving obligations) and we don't want to be separated because we are planning a family. So we're looking at other options to stay in the US together. One option is to apply for a Conrad-30 waiver position (this is for physicians to practice in an underserved area). The other is to litigate with the AAO to challenge the USCIS decision. (I know the denial letter says you can't challenge it, but there are some loopholes to the statute). It's very frustrating. Is anyone else going through something similar?

It seems that the DOS takes into account "program, policy, and foreign relations" concerns as well as your country's need for your knowledge and skills. Not sure if the DOS communicates with different governments, but that seems to be all the reasoning they give these days for an unfavorable recommendation.