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  1. #1
    Join Date
    May 2006
    Posts
    16

    Default Marriage and Getting a J1 Waiver

    My case:

    my wife was here on J1 (Work for USA internship Visa status)
    `-(worked for 4 months)
    she has to leave the country for 2 years before coming back
    `-(SAYS THE LAW)

    she came back to USA (miami airport, she landed at) With Tourest visa..


    eventually we got married - huge wedding, yadda yadda yadda...

    but she still owes 6months out of the 2year leave!!!!!!!!!!!!!!!!!!
    Miami Immigration did not see that she was supposed to leave for 2 years?
    Will this help or yelp our case boost our hope??

    She has no status as of right nOW!!


    we have questions, does anyone have <<<any>>> advice before i continue on what my options are...

    *she leaves for 6 motnhs, then returns with
    `- K3 (spouse visa) + etc..

    or we do the wavier, and possibly get denied (we need a lawyer$$$$$) resulting in her being banned for 10years :-/

    we live in Boston Mass.

    -w

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Immigration for a Citizen's Spouse on a Tourist Visa

    Normal procedure would be to file an I-130 petition for Alien Relative, and I-485 application for permanent residence. As you note, she would also need a waiver for her two-year residency requirement. She may wish to try to get a waiver letter from her nation of origin, or perhaps (depending upon your circumstances) a hardship waiver. Waivers are also available to allow the applicant to avoid persecution at home, or at the request of an interested U.S. government agency, but you haven't given any indication that those categogries of waiver may apply.

    If she leaves the country having overstayed her visa, she may already face a period of exclusion if she leaves the country. When was she supposed to return home?

  3. #3
    Join Date
    May 2006
    Posts
    16

    Exclamation Re: Marriage and Getting a J1 Waiver

    "but she still owes 6months out of the 2year leave!!!!!!!!!!!!!!!!!!
    Miami Immigration did not see that she was supposed to leave for 2 years?
    Will this help or yelp our case boost our hope??"

    THE ABOVE STATEMENT IS FALSE(TYPO): (60days/2months)

    She was here in 2002 for 4 months, she has 2 Months that she has "due" (out of the 2year leave required by "law")

    2003 -jul aug 1month tourist
    2004 -jul aug 1 month tourist


    We married 2005 (october 20th)
    my wife Visa expired December 20th, 2005. (she had also gotten an extention on that visa visitor status)

    Now she has no status!


    we filed taxes jointly, name on the Lease in brookline massachusetts, we're always seeking legal advise , a lawyer said we have 2 options

    go for a waiver, or go to peru for a few months, then do the 60days, on the 61st, send the K3 paperwork

    is there any more options? should we seek more legal advise, is there a way to stay??

    , our familys support us very much.. all of a sudden we get slapped with this "you owe us 2 months of 'leave or abcense of the usa'" before

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage and Getting a J1 Waiver

    I suggest that she consult an immigration lawyer before leaving the country.

  5. #5
    Join Date
    May 2006
    Posts
    16

    Default Re: Marriage and Getting a J1 Waiver

    Hey all! a year later.. its my anniversary and the wife has her waiver from Peru and her work authorization! and.. we're waiting to go to the DHS some time this month for a permanent status adjustment! ARIGHT! thanks everyone!!!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage and Getting a J1 Waiver

    Congratulations.

  7. #7
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Marriage and Getting a J1 Waiver

    Okay, Willie..This is a bit strange, even for Halloween...My wife is also from Peru and 10/28 is ALSO our anniversary...Anyway, I wont bore you with my story but I am very curious about the "waiver from Peru" you mentioned...I am assuming you are talking about the 10 year ban waiver?? If she was already here in the US, why did you need to waiver? My wife has her perm residency, SSN..etc... and we have been to Peru and back already..I was under the impression we did not need to get a waiver and we didn't need it for our trip (she even entered back on her own, without me and didn't have any problems)..

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage and Getting a J1 Waiver

    This post references a J1 visa. The waiver at issue is of the home residency requirement prior to eligibility for a subsequent visa to the U.S.

  9. #9
    Join Date
    Nov 2006
    Posts
    1

    Default Re: Marriage and Getting a J1 Waiver

    Hi Willie,

    Could you please tell me on which basis you guys applied for a J1 waiver? I have a very complex situation here and would really appreciate your help.

    Thanks in advance...

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage and Getting a J1 Waiver

    The USCIS explains (on its old website - the redesign involved moving all of the pages, and search is broken):
    Quote Quoting How Do I Get a Waiver of the Foreign Residence Requirement if I am an Exchange Visitor?
    What is the Foreign Residence Requirement?
    A nonimmigrant temporarily enters the United States for a specific purpose. Exchange visitors are nonimmigrants (J-1 status) who participate in the Exchange Visitor Program. This program, which is administered by the Bureau of Consular Affairs, seeks to promote peaceful relations and mutual understanding with other countries through educational and cultural exchange programs. Accordingly, many exchange visitors entering the United States are subject to a requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States. Unless USCIS approves a waiver for this requirement, exchange visitors must depart from the United States and live in their country of residence for two years before they are allowed to apply for an immigrant visa, permanent residence, or change to a new nonimmigrant status.

    Where Can I Find the Law?
    The Immigration and Nationality Act is a law that governs the admission of all foreign nationals to the United States. For the part of the law about the foreign residence requirement, please see INA § 212e and INA § 214. The Code of Federal Regulations [CFR] discusses the foreign residence requirement for exchange visitors at 8 CFR § 212.7 and 22 CFR § 514.

    Who is Subject to the Foreign Residence Requirement?
    You are subject to the foreign residence requirement if you are a (J-1 visa status) participant in the Exchange Visitor Program and:

    Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS-2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.

    You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills (please see the Exchange Visitor Skill List for more information); or

    You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.
    If you fall into one of the above categories, your dependent spouse and child are also subject to the foreign residence requirement.

    Who is Eligible to Apply for a Waiver?
    You may be eligible to apply for a waiver for the foreign residence requirement if:

    You have a U.S. citizen or lawful permanent resident spouse or child and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child.

    You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.

    A U.S. government agency requests a waiver directly from the Bureau of Consular Affairs for you because you are engaged in a project of official interest to the agency.

    Your country provides a written statement to the director of the Bureau of Consular Affairs stating that your country has no objection to a waiver. (If you came to the United States as an exchange visitor to receive graduate medical education or training, you are ineligible to receive a waiver on this ground.)

    An interested Federal agency, any State Department of Public Health or its equivalent sponsors you to work full-time for three years as a nonimmigrant H-1B status (temporary worker in specialty occupation) physician in a geographic area designated as having a shortage of health care professionals. Waiver applicants sponsored by the Department of Veterans Affairs are not required to practice medicine in an area designated as having a shortage of health care professionals. If you are granted the waiver, you must agree to begin your employment within 90 days of receiving the waiver. The request of the interested State or Federal agency is submitted to the director of the Bureau of Consular Affairs.

    How Do I Apply?
    If you fall under the first two categories above, you must file a USCIS Form I-612 (Application for Waiver of the Foreign Residence Requirement) by mail with the USCIS office that serves that area where you live. Please read the entire application carefully and submit the right documents, photos, and fee. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see our USCIS Field Offices Homepage for more information on USCIS office locations.

    If your government, a U.S. government agency, or a U.S. state is applying for a waiver for you, the government body should apply directly to the Bureau of Consular Affairs for the waiver. The USCIS and the Bureau of Consular Affairs will consider your case, and notify you of their decision. For further information on application for waivers, go to the Department of State Bureau of Consular Affairs Website on this subject.

    How Can I Check the Status of My Application?
    To check the status of your application, please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS field offices.

    How Can I Appeal?
    If your application is denied by the Bureau of Consular Affairs or the USCIS, you will receive a letter that will tell you why the application was denied. You will also be told whether you have a right to appeal this decision and how you should appeal. For more general information on appealing USCIS decisions, please see How Do I Appeal the Denial of Petition or Application?.

    Can Anyone Help Me?
    If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices. You should also contact the Bureau of Consular Affairs if you have questions.

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