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J-1 waiver if 212(e)?

#1 Jay00

Jay00

    Junior Member

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Posted 14 October 2012 - 07:02 PM

I'm trying to find out if a waiver is required if the DS-2019 and visa state that the 2 year home residency requirement does not apply? We'll be filing for adjustment of status to green card based on marriage.
  • 0

#2 madison925

madison925

    Senior Member

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Posted 14 October 2012 - 08:00 PM

Hi. I am on a j1 visa too when I was in the states from may 2011-may 2012. I am applying for 129-f and exempted for a two year . When we sent the packet, we made a photocopy of the DS 2019 and elaborated the part where it say "two year rule doesn't apply" and also I'll suggest for you to send a copy of your visa so that they will have some other reference too. And, you do not need a waiver. Godbless
  • 0
09/27/12- Sent I-129F via UPS10/01/12- 129-F packet arrived in Texas10/03/12- NOA 1 routed to VCS10/09/12 Received hard copy of NOA 104/09/13 Received Rfe04/17/13 Replied to rfe07/16/13 NOA208/15/13 Manila Embassy Interview<p>Met in Memphis, TN

AOS
10/17/13- Sent AOS,EAD,AP
10/21/13- Noa1 (EAD and AP)
10/23/13- Noa1 (Green card)
11/19/13- Biometrics Appointment
12/1413- EAD and AP approved (card in production)

#3 Jay00

Jay00

    Junior Member

  • PipPip


Posted 15 October 2012 - 04:29 PM

Hi. I am on a j1 visa too when I was in the states from may 2011-may 2012. I am applying for 129-f and exempted for a two year . When we sent the packet, we made a photocopy of the DS 2019 and elaborated the part where it say "two year rule doesn't apply" and also I'll suggest for you to send a copy of your visa so that they will have some other reference too. And, you do not need a waiver. Godbless

Thank you. Unfortunately we're trying to avoid her home travel but have limiting factors for how fast we can progress. To apply for K-1 you have to do it from the home country, but that would add thousands more in travel costs and housing while waiting for approval. She's already in the states, and her deadline was just changed to 22 dec. Unfortunately there are personal reasons that prevent us from getting married before mid-jan to mid-feb. She's an Au Pair, and her host family has decided that she will no longer be needed after 22 dec, when she was formally to work for them until May. This has dramatically altered our time table.

We were looking at changing to B2 but finding requirements and how-to has been troublesome.

Edited by Jay00, 15 October 2012 - 04:30 PM.

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#4 madison925

madison925

    Senior Member

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Posted 16 October 2012 - 12:39 PM

If I am not mistaken you can go ahead and file for Adjustment of Status and while waiting for it to get approved I guess you are allowed to stay in the US. I am not really sure and I am so sorry that I cannot be of any help, however, go ahead and post another topic and explain your situation, maybe one of the pros here will notice it and will be able to help you.

I agree with you, don't let her go home, it will add up an agony of waiting and additional cost. I just went home since we were not sure yet if we're for each other by the time I was there.

Seek for help immediately before you'll run out of time. Best of luck to you!
  • 0
09/27/12- Sent I-129F via UPS10/01/12- 129-F packet arrived in Texas10/03/12- NOA 1 routed to VCS10/09/12 Received hard copy of NOA 104/09/13 Received Rfe04/17/13 Replied to rfe07/16/13 NOA208/15/13 Manila Embassy Interview<p>Met in Memphis, TN

AOS
10/17/13- Sent AOS,EAD,AP
10/21/13- Noa1 (EAD and AP)
10/23/13- Noa1 (Green card)
11/19/13- Biometrics Appointment
12/1413- EAD and AP approved (card in production)



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