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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Angry Legal Immigrant has to stay away from American fiance

    Someone please advice me..Im soo sad and hurting.Im here in a J1 work visa, but my visa says that the 212 (e) Two year rule applies to me..meaning. I have to go back to my homeland and remain there for atleast 2 years before re entering the USA...Me and my fiance wants to get married long before that, but they say we need a waiver...When I checked out the requirements for the waiver..I clearly do not qualify, and they do not consider being away from youer spouse for too long as a ligitimate reason.I dont know what to do,,,is there a legal way apart from getting that waiver, that I can marry my fiance without having any problems when its time to file for my residency? Not even on my B1/B2 tourism visa, they say I cannot travel for two yeears...they dont care whether or not I have a tourist visa.I have neevr done anything illegal..I havee obeyed all the rules..but I find it hard to be away form my boyfriend fo 2 whooole years before marrying him.

  2. #2
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Legal Immigrant has to stay away from american fiance

    See if you can find some quicker way of marrying him on one of these three links:
    http://www.firstgov.gov/

    http://www.uscis.gov/graphics/faqsgen.htm#marriage

    http://www.expertlaw.com/library/immigration/index.html

    It will be important to show as much information he is your fiance. For example: Keep track of the phone calls bills, keep track of the letters and postmark envelopes you send to each other. This will make it easier when it comes to an interview by a government worker.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Legal Immigrant has to stay away from american fiance

    As you probably already know, information on J waivers is available from the State Department. Perhaps the place to start is by seeking a no objection statement from your nation of origin.
    Quote Quoting Q. What are the bases upon which I can obtain a waiver of the two-year residence requirement?
    A. There are five statutory bases upon which you can apply for a waiver of the two-year foreign residence requirement:
    1. a no objection statement from your home government,
    2. a request from an interested U.S. Government agency on your behalf,
    3. a claim that you will be persecuted if you return to your country of residence,
    4. a claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your country of residence, and
    5. request by a designated State health agency or its equivalent.

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