From J1 to F1 then married

[AAndy 0]

Yes, we were denied at interview. Thanks for your kind words, and best of luck to you two! Let us know how the J1 with CWOP goes if you find anymore info.

[Harpa Timsah 13,258]

Aandy,

If your wife is truly not subject to the HRR, I would try to get confirmation of that quickly, by a 'Not Subject" statement from Department of State or whomever would issue such a statement, and then and then file a motion to reopen or reconsider her AOS case (not sure the right terminology exactly if it is reopen or rebut or what). Anyway, you can reopen your case for about $500 which is cheaper than the full AOS again. You have 30 days to file this motion from the date of decision on her AOS. I'd look into that if it was some sort of consular mix-up. Good luck.

[Bluestone14 0]

Yes, we were denied at interview. Thanks for your kind words, and best of luck to you two! Let us know how the J1 with CWOP goes if you find anymore info.

Definitely, I think I would consider to get a waiver first and then consult with a lawyer. I don't want to go on a wrong path again. If I've know before, I should have gone back home during both winter breaks and got the extra 2 months instead of taking this long way. Cutting costs is a must. So we do need to make sure every step is the best one we can possibly find.

[pinkmartini 0]

I have known at least 2 people who have applied for a waiver and it was successful. One applied for persecution and the other for no objection.

Question:

How do you prove to USCIS that you have or have not completed the 2 year requirement? Do you have to show tickets? Or do they know from their own system?

[pinkmartini 0]

I have known at least 2 people who have applied for a waiver and it was successful. One applied for persecution and the other for no objection.

Question:

How do you prove to USCIS that you have or have not completed the 2 year requirement? Do you have to show tickets? Or do they know from their own system?

[Stann 3]

If your wife's J1 was privately funded she is probably not subject to the 2 year rule. My J1 was a few years back now in 2001 but on the pink copy I was given (and luckily still had at my K1 interview 2 years later) it stated I was not subject to this rule as my J1 was privately funded. Something like that. It was wriiten in small print on the back and there was a section about the 2 year rule and mine was not checked. Does your wife remember ever getting this copy? Surely you will not need a waiver if she was not subject to the rule. Perhaps she could request a copy from the embassy that provided the original J1?

Good Luck

[Blake and Jeanie 4]

Hey,

We were in almost the same situation (J-1 in 1999, then F-1 from 2000 til 2009). After we got married we found out that the AOS application would be denied because I never went back to fulfill the 2 year requirement. So, in March of '09 I went back home. When 1 year was up, we filed the I-130 petition with intent of getting IR-1 visa. Prior to me going back we spoke to a couple of immigration lawyers, who didn't say anything encouraging about trying for a waiver. Look at our timeline, it's pretty self explanatory (right now NVC is in the process of looking into my J-1 visa circumstances, so I know that the 2 years didn't go unnoticed).

[AAndy 0]

My wife's J-1 is stamped Cancelled Without Prejudice, does that mean she is still subject to 212(e)? I couldn't fund a definite answer.

[Little_My 463]

I think that only means the visa is no longer valid for re-entry, I don't think it has anything to do with the home residence requirement..

[AAndy 0]

Hey everyone...

My wife just informed me we got a letter saying her recently aquired work authorization was terminated and she has 30 days to leave the country! NOT GOOD NEWS! Our immigration officer said she would "contact us" about the waiver in a few weeks. Not send a "get the heck out" letter the following monday!

This is a HUGE let down. We are scrambling to get the right paperwork and to reopen the case, but it's GOVERNMENT. These things take time, yet they only give you 30 days! Any advice????

Thanks for your help and support,

Andy

[Harpa Timsah 13,258]

As I said, you have a 30 day window to reopen the petition. You will need to have your evidence by then that the ruling as in error and that she is not subject to the HRR. Don't panic and stay focused - good luck.

The reason you got the letter about her EAD is because your AOS was denied - therefore all benefits related to it (the EAD) are cancelled. It's just a standard letter, but yes, if you read my earlier post, 30 days is the game.

I don't know why the IO said they would contact you - they denied the AOS, there is nothing to talk about. YOU have to reopen the AOS (pay $$) and show your evidence.