J-1 with pending CR-1

[PuffPuff 1]

Hello :)!

 

I would like to ask for your help.

 

We, both students, applied for a CR-1 last month (waiting for NOA2) and we hope for it to be approved so that I can move to the US in the second quarter of 2018 after finishing my studies.

I have the opportunity for an exchange on a J-1 this fall. The exchange would be over by the end of the year and I would leave the US again to wrap up my studies. There is no immigration intent for the J-1 period.

 

We have a couple of concerns.

1. How likely is it to get a J-1 approved during an ongoing CR-1 application given that there is no immigration intent?
2. If I apply and the J-1 is denied, would this
   1. impact the CR-1 application 
   2. make it harder for me to visit (no problems at all so far on WVP)
3. I may be subject to the two-year rule (indirect funding through the government is up for interpretation).
   1. If this would be the case, is there any chance to have a waiver processed by Q2 2018?
   2. Could I somehow ensure that I would not be granted the J-1 if the two-year rule applied? So apply conditionally in a sense?

 

Thanks so much for your help :)!

 

[Coco8 1,039]

1. I'd say 90% probability that will not be approved.

 

2.1 It won't affect CR-1 as long as you provide correct/truthful information on your J1 application. 

2.2 I don't think the J1 application will affect your VWP. But it is hard to know. They could make a note that you are "desperate to go to the US" and that would be bad for the VWP.

 

3. If you are going to get the 2 year home residency requirement, then don't do it. Waivers are a pain in the a** and you may not get the waiver. It is not like they are going to give you the waiver because you got married. If you get US government funds, they will deny the waiver because they always deny them for exchange students (someone posted here last week about it). If you have German government funds, I don't know if they would agree with the waiver or not. 

If you have any government funding (German or US) you will get the 2 year rule. If you study anything on the skills lists you will get the 2 year rule. 

 

I'd recommend that you do your exchange in some other country. There are so many countries to go to that the US consulate will obviously think that you are trying to meet your husband and maybe even AOS in the US.