tseyou

Hi
Iam on j1 visa and married to us citizen wife. Now my wife has conceived a baby. can i apply for two year home residency waiver on the spouse hardship ground. pls help me.

ian-mstm

Yes, you can always apply for an "exceptional hardship" waiver. It may or may not be granted, but you can apply. However, you might want to note that: "... mere separation from family is not considered to be sufficient to establish exceptional hardship."

http://travel.state.gov/visa/temp/info/info_1288.html

Ian

SamuearlJackson

Have you double checked that the 2 year home residency applies to your J1? There was no 2 year home residency requirement attached to my J1.

tseyou

Thanks a lot for ur reply. Yes iam sure that two year home residency apply to me as I am exchange student sponsored by the us state department. I just want to know if having us citizen pregnant wife is enough reason for spouse hardship case.

ian-mstm

No, I don't think it is. There are many thousands of women raising children by themselves without a husband. It's not a great situation, but it's certainly not an "exceptional hardship".

Ian

hobbes79

In addition, if she's a USC, nothing to stop her living with you abroad for 2-years and then returning.

Given that an immigrant visa takes about 9-months to get, you'd be applying for that before you know it and be on your way back to the US with a greencard in your pocket and a USC wife and child.

Not an ideal sequence of events and I wouldn't want to do it. But people have gone through a lot worse to move to the US.

And if you have family in your home country, I can think of worse things than having that support nearby when caring for a new-born...

henryh

Have you tried a no-objection waiver?

tseyou

could you please tell me what is no-objection waiver?.

henryh

http://tinyurl.com/y9dnj5c

You have to get the government of your home country (what is yours?) to give you a statement saying that they have no objection to you emigrating to the U.S. Then you can apply for a waiver based on that. I think the British government issues these without too much trouble: http://ukinusa.fco.gov.uk/en/help-fo...in-usa/j1-visa

tseyou

Iam from India and my government wont give it. Thanks a lot.

Noorah101

In that case, Post #6 is your best way to go. Have your wife live in India with you for 2 years. Then you can possibly do a DCF (direct consular filing) in India when your HRR is finished. When you get your Immigrant Visa, you guys can move back to the USA.

Rene

tseyou

thanks a lot

tseyou

Being a husband of US citizen wife and a father of us citizen child, would I (j1 visa holder)get us visa to visit my family during the two year home residency period?

Noorah101

You mean if your family does not move to India with you? If you wife and child stay in the USA, and you return to India alone, it will probably be VERY difficult to get a visitor's visa to the USA. It's probably difficult for you (being from India) anyway....and adding a USC wife and a child to the scenario...I'm going to say pretty much impossible for you to visit.


IF by some chance, you got a visitor's visa....then yes, you can come to visit. But the time spent in USA does not count towards your 2 years back home. You must spend 2 years of physical presence back in India. If you spent 6 months visiting the USA during that time, it means you must spend an additional 6 months in India (because you were not physically present in India for those 6 months).

It's really best if you wife and child move back with you, so you won't be separated.

Rene

A I

I would try very hard to obtain a no objection letter to get the waiver. I have heard those pplications for waiver are much more likely to be granted.

Perhaps the proper authority can be persuaded with gifts (only those that are absolutely legal, of course.) or repayment of the benefit received ?