Asem78

Dear Sirs,

Thanks for ur outstanding comments guys! It is just amazing!


My case is that I am from Yemen and came to the US on a J-1 visa (The Fulbright Program to do my masters) and is FULLY funded by the DOS. My visa ends at the end of July 2005. Recently, I got married to a US Citizen and she is willing to travel back with me to yemen for those two years. I need to go back myself to see my family as well.
We agreed to start processing the permenent residency back from home! Now, I don't know how that would be? would it be easier to jeapordize applying for a waiver on a hardship base and apply for AOS here within the span of those four remaining months and get an advance parole or something when we wanna leave or just leave it and after two years start applying for an immigrant visa from home. I don't know which is easier and couldn't find similar cases here or eslewhere!
advice on overstay for a couple of months or more being given, but i am not willing to do that for legal issues and any risk towards 3-10 years barring.
what keeps me thinkin and worried alil bit whether or not applying from home would complicate everything and she would stuck there with me!
in a nutshell, waiver and AOS, or immigrant visa from home? which is easier, less painful and much guaranteed? since some friends advice me not to leave wharever! But i still wanna do that!!!!!!!!!1

Your commnets are highly appreciated guys!

Asem

ian-mstm

What hardship? Being separated from your spouse for 2 years is not considered a hardship.


You can file for AOS and AP, but you must not leave the US until you have the AP document in your hand. Overstays are usually forgiven for the spouse of a US citizen, so I wouldn't worry at all about it - and the length of time you're talking about will not trigger any sort of 3/10 year ban. So... no worries. That said, it will probably be very hard to successfully adjust your status if you are not living in the US! I mean, it's hard to prove you want to be a permanent resident when you aren't resident... if you see what I mean!

All in all, it may be easier to return to Yemen for the 2 years and then start the process there. I'd go so far as to suggest you start the process after about a year... with any luck, your 2 year residency will end at about the same time as you are approved for a visa! Good luck to you.

Ian

Folinskyinla

Hi Asem:

Consult with one of the few immigration lawyers in the country who is truly experienced with J-1 waivers. [I am NOT one of them and there are only two lawyers that **I** would consult with and perhaps refer cases to on this -- and neither one is in California].

BTW, my underdstanding that among the various ways to waive FRR, Fulbrigths are the most difficult to obtain waivers for.

Ray

These are the guys for J visa expertise I believe...
Siskind Susser
5400 Poplar Ave Suite 300
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: [email protected]

Asem78

Thanks are due to you Ian! your ideas are highly welcomed man.
some of the reasons for the hardship option is that my wife is
* Being young and only 18 years old.
* Abandoned by her family due to religious reasons << (Sadly true).
*Period of hospitalization and recent sessions of therapy that she stopped going too. Family abandonment caused all that depression sadly speaking!!!!
* Moved in to my state (Connecticut) to finish her high school.
* Period of hospitalization and recent.
* Young, newly wedded and might not be able to keep going alone while am away for two years!!!!
* No Job and certain limitations on chances of works due to education level.
Psychological and emational stress would be probable to that period away, considering age and unstable condition.

those seem to me some of the things i could include as reasons. Yet i am rather reluctant.

If I overstayed without a guarantee to approve my waiver for the HRR and found myself unlawfully present... won't that be a problem? Cuz I am not sure whether this WAIVER would be approved, especially for Fulbrighters and on top Fully funded!!!.

Thanks again Ian.. ya have a nice day.
Asem

Asem78

Hi Folinskyinla,

Many thanks to you. Yeah that is true: Fulbrighters are almost always denied an HRR waiver in case of a no-objection letter option. It is simply stated in the USCIS's webpage!!!! Yet, I feel like to file for the hardship option with those reasons i mentioned in my response to Ian's comments. I am worried of being never get this Waiver at all. Could you thankfully please refer me to those lawyers ya talkin about? my email is [email protected].

thanks and have a good day.

ASEM

Folinskyinla

Hi:

Bruce Hake in Damascus, Maryland.

Asem78

Hi Ray,
Thanks man, Their website is really informative.

Regards,
Asem

Asem78

Thanks Folinskyinla,

I would consider that. One more thing, Is their an expiration date for filing I-130? and would it have any unfavorable consequences, if we travelled HOME once the J-1 expires?!!!! we are thinking of doing it now?

thnx

Rete

The waiver might well take longer than 4 months to obtain and you can't apply for AOS until the waiver is approved. Take at least is my take on it and I welcome anyone who knows differently. There have been several people here who have been in the same position so you might want to do an archive search for HHR and J-1 waivers.

As for hardship, the hardship is to your USC wife, not to you. Since she is more than willing to live in your country, then how are you to prove hardship to her?

ian-mstm

I understand that she's had a difficult life so far, but from what I've read, the hardship has to be exceptional, not just inconvenient. There's no shortage of information online concerning hardship waivers. A google search on "hardship waiver" turned up thousands. A search on "hardship waiver" and "j-1" turned up hundreds!

Ian

Jonathan McNeil Wong

Asem78 wrote:
    >>Hi:
    >>Bruce Hake in Damascus, Maryland.
    >
    >
    > Thanks Folinskyinla,
    >
    > I would consider that. One more thing, Is their an expiration date
    > for filing I-130? and would it have any unfavorable consequences,
    > if we travelled HOME once the J-1 expires?!!!! we are thinking of
    > doing it now?
    >
    > thnx

You can file an I-130 so long as the qualifying relationship exists.

Bruce Hake is the creator of the famous-among-immigration-lawyers "Hake
Hardship Scale", which was in beta in 2002. Basically he has digested
all of the published administrative cases on hardship-based waivers and
constructed a statistical model that attempts to quantify and harmonize
the case results and predict outcomes based on different fact patterns.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Folinskyinla

Hi:

Once the I-130 reaches Department of State, there is a processing deadline of essentially one year for you to respond to any correspondence. However, DOS [i.e. NVC] will hold the I-130 if you give them a good reason and the 2-year FRR is a "good reason."

BTW, one advantage of this is that VISA processing can be done in advance of satifsying the 2-year FRR and the interview held AS SOON as the 2yrfrr is satisfied.

Asem78

Hi,

That is right, the harship should be for her either here or by accompanying me there.
Some of the criteria i might be considering fall within these "factors," quoted verbatim:
3. What factors are important in determining whether a 'hardship' waiver request will be approved?

The USIA (United States Information Agency) has provided the following possible factors for consideration of an exceptional hardship waiver; the Agency has emphasized that these factors have no particular weight or order.

Factors which the INS and the USIA consider in their determinations include:

a. Medical hardships including severe and life-threatening illnesses and conditions, or illnesses and conditions requiring regular care and/or medications not available in the physician's home country, such as asthma, cancer, AIDS, downs syndrome, and diabetes.


b. Psychological hardships including the exacerbation of an existing disorder or the precipitation of the onset of a disorder, such as post traumatic stress disorder, or severe depression, if the foreign residence requirement is enforced.


c. Country conditions. For example, J-1 physicians from Somalia, Rwanda, Iran, Iraq, Libya and war-ravaged countries would have a stronger case in demonstrating extreme hardship to U.S. citizen children.


d. Social, Cultural and Education related hardships which would result from the physician's spouse and/or child relocating to a foreign country whose language they do not speak and whose culture is alien to them (e.g., an American Catholic woman relocating to Libya).


e. Economic hardship to the physician's spouse and/or child if the foreign residence requirement is enforced.


f. Career Interruption or Destruction to the physician's spouse (e.g., an American citizen actress relocating to Iran with J-1 spouse).



g. Political and religious hardship, including fear of violence and oppression based on political views, race, ethnicity, or gender or sexual preference.

USIA emphasizes that separation from a U.S. citizen or legal permanent resident spouse or child in and of itself is not likely to outweigh program, policy and foreign relations considerations in favor of the physical presence requirement. This includes applications alleging extreme hardship to a spouse due to inferior employment opportunities in the home country. In addition, the fact that a U.S. citizen family member is a naturalized citizen of the U.S. and a native of the waiver applicant's home country is likely to influence USIA's consideration of arguments alleging that a family member will have problems adjusting to life abroad.


Surely, she is more than willing to go with me, yet, I m rather worried that it might take years to come back and i need her to pursue a degree right after the two years! Besides, I would feel guilty if it takes longer than two or three years, considering the difference in FOOD, CULTURE, AND THE NORMS OF LIFE IN GENERAL!
thnx man

Asem78

Hi Ian,

Yeah, truly there are heaps; yet, I still can't find an exact answer to this question: "What are the consequences of overstaying while the waiver is pending? wouldn't that prove to be a hurdle later if i found myself to go home, cuz of waiver denial? or that would have in one way or another any relation to the 3-10 banning law, if i am to leave the usa due to denial of waiver?

thanks alot