PASTJOURNEY18

Yup correct! If we take the I-601a route, the 44 months for the approval is literally the longest period which is insane.

I thought I-601a would have to be filed while they are in the US (44 months with given time frame), once accepted, they return, spend their remaining time for the 2 year HRR (6 months in this case), then go through the process of green card in their home country consulate.

I see what you're seeing, but it's not feasible. The I-601a takes approximately 44 months - hence why the USCIS is in a lawsuit - then she would have to stay there for 6 months - then has to go through the green card process that will take 1-2 years there. Regardless 10 year ban or not - the "shortest route" in 7 years that a person throws away in their lives which in return, as a US citizen, gives me extreme hardship. Exactly, not feasible.

Yes we did this!

Nope. She is wanting to pursue her career in contracts such as mergers and acquisitions.

We got married about 31 days after her Esta expired and filed I-485 about 10-20 days after that.

No no, my wife is doing her bar exam here in the states. Since the I-485 process took forever (I-130 approved and biometrics done), we then had to go through the waiver process (took well over a year), so during that time, she decided to do her masters since she can't work. Sorry for the confusion, but my wife is taking the bar.

Our attorney. She's been here for over 2 years now.

If I had known better, trust me I wouldn't. That's why we hired an attorney and put our trust in him. The system is to put trust in professionals and listen to their expertise. For someone that has never gone through this, it is all jibberish to begin with.

Completely agree on that, but also makes it significantly hard since her graduation would be during that time and also her bar exam (hard on her, financially hard on me since everything is paid for already). Regardless, she would have to then apply for a 601a and that alone takes months/over a year possibly before should could even do that. Then she would have to stay 1-2 years to start the process in her home country from my understanding? Because she won't be able to come back since she's already in the system?

Which is the subjective part. On the .gov page, under no objection it states that "A no objection letter is generally insufficient to warrant a favorable recommendation from the DOS-WRD when U.S. government funding was involved in the exchange program." The word that throws it off is "generally". Our attorney believed it would be sufficient with the no objection from her home country and the low dollar amount that was written on her J1 - compared to most programs costing 6+ figures easily and run for several months.

I'd love to pick your brain on this. Can you elaborate? She's already here/been here after we got married. The reason she's been here for so long now is due to the entire process and waiting time (I-485...then j1 waiver no objection... now this) Thank you!

That's the confusing part to me. Her J1 program was as a government visitor (short term scholar), but in 2019! She was back in her country for 20 months (aggregate, cumulative) and spent time in another European country (Germany) for university. I also did not meet her during her program, but later on when she was visiting on ESTA. Generally speaking, her J1 was based off of entrepreneurship for people under 30 in her country.

Not for 601, but for a J1 waiver due to 2 year HRR rule - her No Objection was denied specially due to it being government funded as a government visitor (category) and short term scholar for a less than 2 month program (her country sent the no objection as well clearly stating they understand they will be seeking immigration and does not have to physically be in their home country to serve it). So now we are at the hardship waiver part since the no objection was denied due to the government funding program. Any suggestions? - on a side note, I would be taking a huge financial hit with her leaving (paying for masters and can't be used in her home country), she assists my family on a daily basis as I work and don't have anyone to assist them.

Thanks for your reply! Isn't the purpose of the extreme hardship waiver to prove that the USC needs their spouse with them in the states due to psychological, economic impact, family, etc and USC not being able to move to spouses home country due to job (owning a business), not knowing the language, etc.?

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.

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)).

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!

Sorry, which requirement? I understand we need the waiver and that's what the discussion is about.

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

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

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).

She's finishing her Masters in the US now.

Correct! USCIS interview was waived after sufficient evidence that we were married for the right reasons. After her medical exam, etc, they suddenly said they need a j1 waiver - for this reason was originally denied. Applied j1 waiver under no objection - her home country sent a letter with no object to her staying outside of the country during the 2 year period - Although she is still a resident of her own country, but has been living in the US since we got married. The 2 year rule is also cumulative to my understanding - you can leave, then when you go back it keeps adding to the number. She was maybe 6 months short as a whole, but I would think the no objection statement from her home country would somewhat, to a degree, override that? Now we're just waiting for the mail from USCIS to see the reason. 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?

Thank you! I don't know all the forms that well, since our attorney and wife are handling it, but I'm already a US citizen if that changes anything!