My fiancee is here on a J1 ... what to do?
Jan 20th 2004, 5:48 am
#16
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Joined: Jan 2003
Location: Loveland, Colorado
Posts: 409
Re: My fiancee is here on a J1 ... what to do?
Folinskyinla -
You may remember that my wife was subject to a J1 2-year home country residency requirement. Before we were married, we talked to an immigration attorney in Denver and, since my wife had only 10 months to run on her home country residency requirement, he advised us to do a K1 or K3 and have my wife return to Russia to wait it out. She had received an education grant from the US Gov't for around $4,600 and it appeared that the expense and aggravation just wasn't worth it. In the end, it took almost 15 months to get her K3 visa so the J1 was a moot point.
Richard III
You may remember that my wife was subject to a J1 2-year home country residency requirement. Before we were married, we talked to an immigration attorney in Denver and, since my wife had only 10 months to run on her home country residency requirement, he advised us to do a K1 or K3 and have my wife return to Russia to wait it out. She had received an education grant from the US Gov't for around $4,600 and it appeared that the expense and aggravation just wasn't worth it. In the end, it took almost 15 months to get her K3 visa so the J1 was a moot point.
Richard III
Originally posted by Folinskyinla
Hi Nadine:
Congratulations on your waiver. There are several species of waivers -- no objection, extreme hardship, and an analogy to asylum. Each is quite different. BTW, "no objection" is not available to pysicians.
You don't say why you are subject to the 2 year FRR. Roxi did give the reason -- government financing -- in fact, from the USAID. Just because the ROMANIAN goverment has no problem, as per the "no objection" letter doesn't mean that the UNITED STATES government will not when it was UNITED STATES money that was spent.
I was focusing on that salient fact. The AILA mavens on J waivers had repeatedly stated that the waiver when there is USAID financiing is next to impossible.
Do note that your waiver DID take 14 months.
Hi Nadine:
Congratulations on your waiver. There are several species of waivers -- no objection, extreme hardship, and an analogy to asylum. Each is quite different. BTW, "no objection" is not available to pysicians.
You don't say why you are subject to the 2 year FRR. Roxi did give the reason -- government financing -- in fact, from the USAID. Just because the ROMANIAN goverment has no problem, as per the "no objection" letter doesn't mean that the UNITED STATES government will not when it was UNITED STATES money that was spent.
I was focusing on that salient fact. The AILA mavens on J waivers had repeatedly stated that the waiver when there is USAID financiing is next to impossible.
Do note that your waiver DID take 14 months.
Jan 20th 2004, 6:43 am
#17
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: My fiancee is here on a J1 ... what to do?
You think 14 months is a long time???? Try 7 years! That's how long it took my friend to get a waiver. All the time she stayed in the U.S. and applied for a hardship waiver, getting rejected and resubmitting additional docs. She also had medical conditions untreatable in the former Soviet Union.
Now, I am in the same situation, and my program was 10 years ago. I am married to a USC, and that does not free me from the requirements, so, Brian, prepare for a fight. Sometimes 2 years at home is an easy way out. For others it's a torture. Even the Russian government (when I called the Embassy) said -- no big deal, just go home for two years.
Nobody cares that we have to go home for two years, leaving behind spouses and children. By the way, some spouses elect to follow their unfortunate HRR holders, while the others just can't do that.
http://travel.state.gov/jvw.html
here is the official link to the waiver applications. Good luck, but I wouldn't hold my breath.
Now, I am in the same situation, and my program was 10 years ago. I am married to a USC, and that does not free me from the requirements, so, Brian, prepare for a fight. Sometimes 2 years at home is an easy way out. For others it's a torture. Even the Russian government (when I called the Embassy) said -- no big deal, just go home for two years.
Nobody cares that we have to go home for two years, leaving behind spouses and children. By the way, some spouses elect to follow their unfortunate HRR holders, while the others just can't do that.
http://travel.state.gov/jvw.html
here is the official link to the waiver applications. Good luck, but I wouldn't hold my breath.
Jan 23rd 2004, 9:14 am
#18
Just Joined
Joined: Jan 2004
Location: Romania
Posts: 9
I have the I-129F aprovaland the packet from the Consulate...please help
Originally posted by Folinskyinla
Hi:
OK, this is a confusing area -- it pays to remember that the K-3 is a new beastie and all the kinks and wrinkles have yet to be worked out yet.
Being married to a US citizen does not change a thing on the 2 year FRR.
Absent the waiver, you will NOT get immigrant status until you spend two years in Romania. Given the receipt of USAID funds, you chances of getting the waiver granted are between slim and none -- and closer to none.
The 2 year FRR does NOT prevent issuance of a K-3 visa. However, every day you spend in the US adds a day to your 2 years. Beware of that.
Now rember that you must have either the waiver or have satisfied the 2-year on the date of immigrant visa ISSUANCE. The approved I-130 is PRIOR to that time. The I-864 processing is prior to that time. Remember that the K-3 is valid for THREE YEARS.
So, it would seem that the K-3 is a good idea -- one, it allows visits [at the cost of adding on to the 2 years]. Also, it allows you to come to the US the first day you are no longer subject to the 2 years FRR.
You already have a year in, you need another year in Romania, but at least you are able to get the preliminary stuff out of the way.
Many people on this NG bitch and scream about time-lines. You know what yours is. And you can get ready.
Hi:
OK, this is a confusing area -- it pays to remember that the K-3 is a new beastie and all the kinks and wrinkles have yet to be worked out yet.
Being married to a US citizen does not change a thing on the 2 year FRR.
Absent the waiver, you will NOT get immigrant status until you spend two years in Romania. Given the receipt of USAID funds, you chances of getting the waiver granted are between slim and none -- and closer to none.
The 2 year FRR does NOT prevent issuance of a K-3 visa. However, every day you spend in the US adds a day to your 2 years. Beware of that.
Now rember that you must have either the waiver or have satisfied the 2-year on the date of immigrant visa ISSUANCE. The approved I-130 is PRIOR to that time. The I-864 processing is prior to that time. Remember that the K-3 is valid for THREE YEARS.
So, it would seem that the K-3 is a good idea -- one, it allows visits [at the cost of adding on to the 2 years]. Also, it allows you to come to the US the first day you are no longer subject to the 2 years FRR.
You already have a year in, you need another year in Romania, but at least you are able to get the preliminary stuff out of the way.
Many people on this NG bitch and scream about time-lines. You know what yours is. And you can get ready.
Hi
I've just received the packet from the Consulate with the documents i need to submit there.....But i feel lost, because i'm not sure if they will isuue the visa or not to me....I mean as I still have 10 months tu fulfill the 2 years requirement and i heard that the visa is valid only for 6 months what am i supossed to do? Go to the Interview or not? Are they going to issue me the visa even if i still can't leave the country till november? Can the visa be issued with the date i can actually leave the country instead of the interview date?
Jan 23rd 2004, 9:29 am
#19
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I have the I-129F aprovaland the packet from the Consulate...please help
Originally posted by roxi
Hi
I've just received the packet from the Consulate with the documents i need to submit there.....But i feel lost, because i'm not sure if they will isuue the visa or not to me....I mean as I still have 10 months tu fulfill the 2 years requirement and i heard that the visa is valid only for 6 months what am i supossed to do? Go to the Interview or not? Are they going to issue me the visa even if i still can't leave the country till november? Can the visa be issued with the date i can actually leave the country instead of the interview date?
Hi
I've just received the packet from the Consulate with the documents i need to submit there.....But i feel lost, because i'm not sure if they will isuue the visa or not to me....I mean as I still have 10 months tu fulfill the 2 years requirement and i heard that the visa is valid only for 6 months what am i supossed to do? Go to the Interview or not? Are they going to issue me the visa even if i still can't leave the country till november? Can the visa be issued with the date i can actually leave the country instead of the interview date?
Ce faci??
Why didn't you apply for a waiver?, You need it in order for the embassy to issue you the visa, no waiver.. no visa, Correct me someone if I am wrong.
Sorry Roxi
Jan 23rd 2004, 9:40 am
#20
Just Joined
Joined: Jan 2004
Location: Romania
Posts: 9
Re: I have the I-129F aprovaland the packet from the Consulate...please help
Originally posted by Hypertweeky
Hey Roxi
Ce faci??
Why didn't you apply for a waiver?, You need it in order for the embassy to issue you the visa, no waiver.. no visa, Correct me someone if I am wrong.
Sorry Roxi
Hey Roxi
Ce faci??
Why didn't you apply for a waiver?, You need it in order for the embassy to issue you the visa, no waiver.. no visa, Correct me someone if I am wrong.
Sorry Roxi
Hi
Hey...u know romanian?
Anyway...i can't aply for a waiver simply because i won't get one...My trip to the US in 2002 was sponsored with USAID funds, and they say on the website very clear that it's almost impossible to get a waiver.....Anyway, my husband and i could've waited with submitting the immigration forms if a so-called specialist at INS hadn't told him that i needed no waiver, considering that i married an american citizen....So we thought he might know better ....and I just happen to post a question about this couple of days ago and surprisingly found out that i needed one or i have to wait another 10 months....why did the Consulate send me the packet if they won't issue me any visa? I was wondering if they can issue it with a november date....maybe
Jan 23rd 2004, 9:45 am
#21
Forum Regular
Joined: May 2003
Posts: 79
Re: I have the I-129F aprovaland the packet from the Consulate...please help
Hi,
Wait out the 10 months. It's much easier on the nerves, and it'll take as long or longer to process the waiver anyway. Meanwhile, you have to document your 2 years in your country because they'll want to be sure you have fulfilled that. Any time spent outside the country counts against the two years, so they'll want proof of residence and that you were physically present in your country during that time. I am not entirely sure, but I don't think they will give you the visa until they're definitely convinced you've fulfilled the HRR.
Wait out the 10 months. It's much easier on the nerves, and it'll take as long or longer to process the waiver anyway. Meanwhile, you have to document your 2 years in your country because they'll want to be sure you have fulfilled that. Any time spent outside the country counts against the two years, so they'll want proof of residence and that you were physically present in your country during that time. I am not entirely sure, but I don't think they will give you the visa until they're definitely convinced you've fulfilled the HRR.
Originally posted by roxi
Hi
Hey...u know romanian?
Anyway...i can't aply for a waiver simply because i won't get one...My trip to the US in 2002 was sponsored with USAID funds, and they say on the website very clear that it's almost impossible to get a waiver.....Anyway, my husband and i could've waited with submitting the immigration forms if a so-called specialist at INS hadn't told him that i needed no waiver, considering that i married an american citizen....So we thought he might know better ....and I just happen to post a question about this couple of days ago and surprisingly found out that i needed one or i have to wait another 10 months....why did the Consulate send me the packet if they won't issue me any visa? I was wondering if they can issue it with a november date....maybe
Hi
Hey...u know romanian?
Anyway...i can't aply for a waiver simply because i won't get one...My trip to the US in 2002 was sponsored with USAID funds, and they say on the website very clear that it's almost impossible to get a waiver.....Anyway, my husband and i could've waited with submitting the immigration forms if a so-called specialist at INS hadn't told him that i needed no waiver, considering that i married an american citizen....So we thought he might know better ....and I just happen to post a question about this couple of days ago and surprisingly found out that i needed one or i have to wait another 10 months....why did the Consulate send me the packet if they won't issue me any visa? I was wondering if they can issue it with a november date....maybe
Last edited by majken; Jan 23rd 2004 at 9:48 am.
Jan 26th 2004, 1:38 am
#22
Guest
Posts: n/a
Re: My fiancee is here on a J1 ... what to do?
Richard III <member8298@british_expats.com> wrote in message news:<[email protected]>...
> Folinskyinla -
>
>
>
> You may remember that my wife was subject to a J1 2-year home country
> residency requirement. Before we were married, we talked to an
> immigration attorney in Denver and, since my wife had only 10 months
> to run on her home country residency requirement, he advised us to do
> a K1 or K3 and have my wife return to Russia to wait it out. She had
> received an education grant from the US Gov't for around $4,600 and it
> appeared that the expense and aggravation just wasn't worth it. In
> the end, it took almost 15 months to get her K3 visa so the J1 was a
> moot point.
>
>
>
> Richard III
>
I want to thank you all for this valuable information. I am in the
same boat! But I live in France with my husband who is an USC as well.
I have been in my country only three months in a row since I finished
my exchange program. Then I have been in Venezuela for a visit for a
month or six weeks at a time. If I add up all my visits that would be
quit a year. I guess I doesn't count. Since it's so cold here in
France I might go back to Venezuela for at least 4 months. I may have
to leave my husband by himself for a while???
Help Advices?
Isabel
>
> Originally posted by Folinskyinla
>
> > Hi Nadine:
>
> >
>
> > Congratulations on your waiver. There are several species of waivers
> > -- no objection, extreme hardship, and an analogy to asylum. Each is
> > quite different. BTW, "no objection" is not available to pysicians.
>
> >
>
> > You don't say why you are subject to the 2 year FRR. Roxi did give
> > the reason -- government financing -- in fact, from the USAID. Just
> > because the ROMANIAN goverment has no problem, as per the "no
> > objection" letter doesn't mean that the UNITED STATES government will
> > not when it was UNITED STATES money that was spent.
>
> >
>
> > I was focusing on that salient fact. The AILA mavens on J waivers had
> > repeatedly stated that the waiver when there is USAID financiing is
> > next to impossible.
>
> >
>
> Do note that your waiver DID take 14 months.
> Folinskyinla -
>
>
>
> You may remember that my wife was subject to a J1 2-year home country
> residency requirement. Before we were married, we talked to an
> immigration attorney in Denver and, since my wife had only 10 months
> to run on her home country residency requirement, he advised us to do
> a K1 or K3 and have my wife return to Russia to wait it out. She had
> received an education grant from the US Gov't for around $4,600 and it
> appeared that the expense and aggravation just wasn't worth it. In
> the end, it took almost 15 months to get her K3 visa so the J1 was a
> moot point.
>
>
>
> Richard III
>
I want to thank you all for this valuable information. I am in the
same boat! But I live in France with my husband who is an USC as well.
I have been in my country only three months in a row since I finished
my exchange program. Then I have been in Venezuela for a visit for a
month or six weeks at a time. If I add up all my visits that would be
quit a year. I guess I doesn't count. Since it's so cold here in
France I might go back to Venezuela for at least 4 months. I may have
to leave my husband by himself for a while???
Help Advices?
Isabel
>
> Originally posted by Folinskyinla
>
> > Hi Nadine:
>
> >
>
> > Congratulations on your waiver. There are several species of waivers
> > -- no objection, extreme hardship, and an analogy to asylum. Each is
> > quite different. BTW, "no objection" is not available to pysicians.
>
> >
>
> > You don't say why you are subject to the 2 year FRR. Roxi did give
> > the reason -- government financing -- in fact, from the USAID. Just
> > because the ROMANIAN goverment has no problem, as per the "no
> > objection" letter doesn't mean that the UNITED STATES government will
> > not when it was UNITED STATES money that was spent.
>
> >
>
> > I was focusing on that salient fact. The AILA mavens on J waivers had
> > repeatedly stated that the waiver when there is USAID financiing is
> > next to impossible.
>
> >
>
> Do note that your waiver DID take 14 months.
Feb 3rd 2004, 4:18 am
#23
BE Enthusiast
Joined: Sep 2003
Posts: 312
Re: My fiancee is here on a J1 ... what to do?
Yes, hang in there and finish out your 2 year home residency requirement. That will be the best solution for you.
If you have ANY government funding then your hopes of getting a waiver are extremely small.
If you don't have government funding and can get the no-objection statement from your government, then you are almost guaranteed a waiver. But remember, it takes a lot of money and time to get the paperwork together, filed and processed. My guess is it will take at least 6 months MINIMUM!
Until you get the requirement lifted or a waiver, you can't adjust your status.
You can however, be a candidate for another J-1 visa. However, this does NOT waive your first 2 year requirement. It still stays in effect. If you go the route of another j-1 visa, be sure to only accept it if it doesn't include another 2 year requirement. However, a representative at the US embassy in Romania claimed that they will not give another 2 year requirement to an individual that already has one.
If you happen to be in the USA and have a J-1 visa with a 2 year home residency requirment. Then do not overstay your visa. There is only one exception to this rule, and that is if you have your paperwork in process, you are married to or plan to marry a US citizen, you have a DS card, you have no government funding, no strikes against you, no reason to suspect the US goverment to turn you down, AND most importantly, you have confirmation that your embassy has forwarded the no-objection statement to the State Department. ONLY IF ALL THE ABOVE IS TRUE, should you risk an overstay, but consult a competent immigration attorney whatever you do if that is the case.
If you have ANY government funding then your hopes of getting a waiver are extremely small.
If you don't have government funding and can get the no-objection statement from your government, then you are almost guaranteed a waiver. But remember, it takes a lot of money and time to get the paperwork together, filed and processed. My guess is it will take at least 6 months MINIMUM!
Until you get the requirement lifted or a waiver, you can't adjust your status.
You can however, be a candidate for another J-1 visa. However, this does NOT waive your first 2 year requirement. It still stays in effect. If you go the route of another j-1 visa, be sure to only accept it if it doesn't include another 2 year requirement. However, a representative at the US embassy in Romania claimed that they will not give another 2 year requirement to an individual that already has one.
If you happen to be in the USA and have a J-1 visa with a 2 year home residency requirment. Then do not overstay your visa. There is only one exception to this rule, and that is if you have your paperwork in process, you are married to or plan to marry a US citizen, you have a DS card, you have no government funding, no strikes against you, no reason to suspect the US goverment to turn you down, AND most importantly, you have confirmation that your embassy has forwarded the no-objection statement to the State Department. ONLY IF ALL THE ABOVE IS TRUE, should you risk an overstay, but consult a competent immigration attorney whatever you do if that is the case.
Feb 3rd 2004, 4:40 am
#24
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I have the I-129F aprovaland the packet from the Consulate...please help
Originally posted by roxi
Hi
Hey...u know romanian?
Anyway...i can't aply for a waiver simply because i won't get one...My trip to the US in 2002 was sponsored with USAID funds, and they say on the website very clear that it's almost impossible to get a waiver.....Anyway, my husband and i could've waited with submitting the immigration forms if a so-called specialist at INS hadn't told him that i needed no waiver, considering that i married an american citizen....So we thought he might know better ....and I just happen to post a question about this couple of days ago and surprisingly found out that i needed one or i have to wait another 10 months....why did the Consulate send me the packet if they won't issue me any visa? I was wondering if they can issue it with a november date....maybe
Hi
Hey...u know romanian?
Anyway...i can't aply for a waiver simply because i won't get one...My trip to the US in 2002 was sponsored with USAID funds, and they say on the website very clear that it's almost impossible to get a waiver.....Anyway, my husband and i could've waited with submitting the immigration forms if a so-called specialist at INS hadn't told him that i needed no waiver, considering that i married an american citizen....So we thought he might know better ....and I just happen to post a question about this couple of days ago and surprisingly found out that i needed one or i have to wait another 10 months....why did the Consulate send me the packet if they won't issue me any visa? I was wondering if they can issue it with a november date....maybe
I am not fluent in Romanian but I know a lot because there is a Romanian girl living with us
My advice to you is to finish out the 2 year residency requirement
, I know it is hard but if you say it is almost impossible for you to get a waiver, this is the best option.As for the embassy sending you packet 3, My guess is that they think You have a waiver approved. That is just a though, Dont quote me though, I could be wrong
Hang in there girlie It will all fall into place, PM me if you need anything
