Did the Odd Method of His Current Work Sponser Possibly Ruin Our Plans to Marry
We were not sure we were getting married this year. Our original intention was to bring him on fiance' VISA in 2014, He is Polish national currently in engineering studies.
But this year he is here on a work program , however they used a J1. Though a company of supposed good repute (actually has zero on internet good or bad except glowing praise on website- including next year returning workers? really ..not a SINGLE person ever hated working with them? no wonder they don't hire americans)
As middlemen for placing students with summer jobs in US, they made a lot of stupid mistakes (My family has several former Mexican nationals) and most everything last minute and in my opinion a bit unprofessionally. They get to use these students for shit wages for 4-10 weeks with a generous 4 week "vacation" time that they can spend what wages are left after expenses are docked and probably never let them know that the flimsy type Visa they came over may entail no US vacation for next 2 years. Too late now for second thoughts on them. He's incommunicado at jobsite now.
I have home in AZ, but am current resident status in NC taking care of probate and estate business until Oct
I planned on getting an attorney next year to simply make things smoother but now there may be more problems. If you please, will someone experience with immigration let me know ( for the average immigration atty not hardcore specialist) what will be harder to work with.. especially if the J1 has that 2 yr restriction? I haven't seen copy yet.
A) Marrying early, before he leaves US and applying to bring him as my spouse next year after he has his degree?
B)Applying for Fiance' Visa and hoping to waiver on the 2 years?
We already have a few hoops but had solved them. But we need to adjust to this new obstacle as quickly as we can before he is locked an Atlantic away from me for two years!!
(In case of curiosity)-I would immigrate to him, but I have to wait on my youngest son's care for autism. Poland doesn't have a lot of services for it period. And also he is minor so custody battles could be fierce if I were to move to another country . It is why plan is to not leave US until after 2020)
Re: Did the Odd Method of His Current Work Sponser Possibly Ruin Our Plans to Marry
I'm not very knowledgeable concerning VISA issues but I look around occasionally to try to find what I can. From the government website concerning J1 visas http://j1visa.state.gov/participants...nd-extensions/, I culled this:
Quote:
WaiversProgram participants who are subject to the two-year home-country physical presence requirement, as established by Section 212(e) of the Immigration and Nationality Act, must apply for a waiver of that requirement if they seek to remain in the United States beyond the end date of their programs or if they seek to submit an application to the United States Citizenship and Immigration Services for a change in visa status. A waiver may be requested for five statutory bases:
- a claim of Exceptional Hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;
- a claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;
- a request from an interested U.S. Government Agency on the participant's behalf;
- a No Objection Statement from your government; and
- a request by a designated State Health Department or its equivalent.
Participants must file an application to receive a recommendation for a waiver with the Department of State. Please refer to the regulations for details. [22 CFR 41.63]
Information about waivers may also be obtained from the Department of State's Visa Office. The public inquiry line for waivers is (202) 663-1225.
Also, visit the Exchange Visitor Skills List to determine if you are subject to the two-year foreign residence (home-country physical presence) requirement, which requires you to return to your home country for two years at the end of your exchange visitor program.
as to complaining about the J1, it is the obligation of the visitor to understand the implications of the category if Visa applied for. It is not incumbent on the the sponsor to ensure the Visa applied for is proper for the visitor's needs. Especially since the visitor had a personal contact here in the US (you), I would think you would have researched the conditions of the J1 prior to being applied for.