What Happens if Your J1 Visa Expires Before You Get a HRR Waiver

I want to marry a woman here on a J-1 visa. She applied in February for a no-objection waiver to the 2-year home rule. Since then, we have heard confirmation from her country that they have no objection, and that has been received by USCIS. However, USCIS apparently sent out a funding source memo to her sponsor, and they are waiting for that. We have checked with the sponsor (the university that employs her) and nobody at the Global Office, College, or her department has received any such memo. When we email USCIS about this, they simply reply stating that the memo has been sent to the program sponsor.

What can we do? Her J-1 expires on August 30. We want to get married, but I want to make sure she is able to stay in the U.S. legally. Once we marry, we can apply for the I-130/I-485 together. She needs to be able to continue to work here. If we marry now, can she stay in the U.S. legally while waiting for the waiver? Is it possible to get permission to work while waiting?

Thanks!

Are you a US citizen?

The USCIS most likely wants to determine the source of the funds for her J1 program. If the funding source was her home country, that nation can waive the HRR. If the funding source was the U.S., things become more complicated. Her sponsoring organization should be able to tell her its funding source, such that she knows where she stands; perhaps they will also be willing to ask the USCIS to re-send the memo.

I cannot speak to whether the funding source memo, sent by the USCIS, was in fact sent, was delayed, was lost in the mail....

Hi, thank you for your replies! Yes, I am a U.S.-born citizen.

Her funding source is the american university where she is working, and the money being paid to her comes from a project grant obtained by the professor that she works for. She's not funded by the government of the U.S. or her home country. The grant funding most likely came from a funding source like NIOSH (National Institute of Safety and Health).

Her home country already provided a no-objection statement (it was received by USCIS).

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Quoting drdet54

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The grant funding most likely came from a funding source like NIOSH (National Institute of Safety and Health).

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A NIOSH grant is a U.S. funding source.

I'm wondering if a K visa is appropriate for your situation.

I wondered about the NIOSH grant as a U.S. funding source as I was typing that. How does this complicate things?

She's already in the U.S., can she change from a J-1 to a K visa without leaving and coming back? I want to marry her, I just don't want to do things in the wrong order and then make it more difficult.

Thanks!

I suggest that she should ask her university for the name of the attorney advising them and meet personally with them for a consultation paid by her.

Yes i am a us citizen

Illegal overstays are "forgiven" for spouses of US citizens.

She may NOT work without authorization so once her J-1 expires, she must stop working. Illegal work can complicate matters.

I still suggest that she meet with an attorney for a personal review especially since the "memo" you refer to is MIA.