Jump to content
Sign in to follow this  
dragonleo

Waiver

7 posts in this topic

Recommended Posts

My wife's J-1 visa expired Sept' 13, 2007 she went back home on Feb' 25, 2007 I am filing a (I-130) and (I-129F) next week, I heard that I need a waiver since she overstayed, she did not overstay past 6 months, but I can not find out about any waiver that I need to send with My (I-130 & I-129) does anyone know about this waiver???

Thanks JT&NATASHA

Share this post


Link to post
Share on other sites

Waivers are filed upon the request of the counselor officer at the consulate, not before.

Also consider the K-3 carefully, CR-1 is not taking much longer to get. Compare timelines.

One of the big reasons to NOT do K-3, it may be a bit quicker than CR-1 but has the pain of dealing with USCIS for EAD and AOS.

CR-1 is not taking much longer than K-3, CR-1 costs less, CR-1 gets Green-card upon entry, CR-1 can work, get SSN and driver's license shortly after arrival. K-3 needs EAD before being able to WORK, get SSN, or Driver's license. EAD can take 90 days or more to get.

Also cost compare:

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites

Only thing that confuses me about your post, you say visa expired Sep 07 and she left the USA Feb 07 which is BEFORE the visa expired, so whats the problem?


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
My wife's J-1 visa expired Sept' 13, 2007 she went back home on Feb' 25, 2008 I am filing a (I-130) and (I-129F) next week, I heard that I need a waiver since she overstayed, she did not overstay past 6 months, but I can not find out about any waiver that I need to send with My (I-130 & I-129) does anyone know about this waiver???

Thanks JT&NATASHA

My wife's J-1 visa expired Sept' 13, 2007 she went back home on Feb' 25, 2008 I am filing a (I-130) and (I-129F) next week, I heard that I need a waiver since she overstayed, she did not overstay past 6 months, but I can not find out about any waiver that I need to send with My (I-130 & I-129) does anyone know about this waiver???

Thanks JT&NATASHA

Share this post


Link to post
Share on other sites

THIS MAY BE THE WAIVER FOR THE 2 YEAR FOREIGN RESIDENCY REQUIREMENT. MANY PEOPLE WHO HAVE/HAD J1 VISAS HAVE THIS STIPULATION WHICH REQUIRES THAT YOU RETURN TO YOUR HOME COUNTRY FOR 2 YEARS BEFORE APPLYING FOR CERTAIN CLASSES OF VISAS OR PERMANENT RESIDENCY. WHETHER THIS APPLIES TO HER WILL BE INDICATED ON HER DS-2019 AND HER VISA. IT SHOULD SAY BEARER SUBJECT TO 212 (E). TWO YEAR RULE DOES APPLY. OF THIS IS THE CASE, SHE HAS TO APPLY FOR A WAIVER FROM THE DEPARTMENT OF STATE.

SEE THE FOLLOWING LINK:

http://travel.state.gov/visa/temp/types/types_1267.html#12

HERE IS ANOTHER, MORE DETAILED LINK:

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

Edited by KIMCORENE

USCIS TIMELINE

N400 (Citizenship Application):

Package sent: 02/17/2012

NOA Date: 02/21/2012

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×