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grossesosse

Aupair on j-1 with 2 year home residency rule and marriage

By grossesosse in Adjustment of Status from Work, Student, & Tourist Visas

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grossesosse Rookie

grossesosse   0

Posted
Filed: J-1 Visa Timeline
Posted

Hi, I am an aupair on j-1, I got one year visa and then extended for second year... My visa expiring soon and I would like to marry my boyfriend in my 30 days "grace period" for traveling... Now I would like to ask how to obtain wavier for that rule. sure, I made a research about it first but I would like to hear advices from peoples who got through this process or know anybody... I dont think that leave US would be smart cause they maybe wont let me go back in next 2 years. Should we hire lawyer?... Thank you, J.

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

The most common waiver is the "no objection waiver" from your home government. You might get more accurate inputs and advice, if you mentioned your home country. Lawyer can't necessarily do much - you cannot file for AOS until you have the waiver granted, or until you have served the 2 years in your home country. you should look into your home country's process of obtaining the no objection waiver, and few google searches will probably give you a rough idea about how likely/unlikely it is to get one from wherever you are from.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

grossesosse Rookie

grossesosse   0

Posted
Filed: J-1 Visa Timeline
  • Author
Posted

The most common waiver is the "no objection waiver" from your home government. You might get more accurate inputs and advice, if you mentioned your home country. Lawyer can't necessarily do much - you cannot file for AOS until you have the waiver granted, or until you have served the 2 years in your home country. you should look into your home country's process of obtaining the no objection waiver, and few google searches will probably give you a rough idea about how likely/unlikely it is to get one from wherever you are from.

I am from Czech republic... thanks for advice!

grossesosse Rookie

grossesosse   0

Posted
Filed: J-1 Visa Timeline
  • Author
Posted

The most common waiver is the "no objection waiver" from your home government. You might get more accurate inputs and advice, if you mentioned your home country. Lawyer can't necessarily do much - you cannot file for AOS until you have the waiver granted, or until you have served the 2 years in your home country. you should look into your home country's process of obtaining the no objection waiver, and few google searches will probably give you a rough idea about how likely/unlikely it is to get one from wherever you are from.

one more question, so if I get marry and apply for a "no objection"....what status I have?

mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

au pairs arent subject to the 2 year rule, so you dont need a waiver. Look at your visa it should actually have it marked on there.

au pairs arent subject to the 2 year rule, so you dont need a waiver. Look at your visa it should actually have it marked on there.

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted (edited)

No status. Applying for the no objection waiver does not extend your authorized stay in the US. I am not an expert in this waiver, but my understanding is that you cab submit the paperwork for the waiver whenever, and also while you are in the US, but basically if you want to avoid overstaying your visa, you would have to leave the country when your J1 status expires. The waiver, I believe, won't invalidate your current visa either, so the J1 you have will continue to be valid according to how it was originally issued.

Overstay is forgiven for spouses of US citizens, but I do not know whether you can have a J1 2 year HRR waiver pending, while you are in the US out of status. Also, I have no idea how long the waiver process takes - could be a couple of months, could be several.

EDIT: Yes, mrs_gonzo makes a very good point. Not all J1 holders are subject to the rule. Have you confirmed that you are?

Edited by Little_My

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

Usually it only applies whrn you get sponsored by your government or the us. you had a private sponsor (hostfamily) so it doesnt apply. Wjen I filed cos I got worried first but it doesnt apply to au pairs

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

grossesosse Rookie

grossesosse   0

Posted
Filed: J-1 Visa Timeline
  • Author
Posted (edited)

au pairs arent subject to the 2 year rule, so you dont need a waiver. Look at your visa it should actually have it marked on there.

au pairs arent subject to the 2 year rule, so you dont need a waiver. Look at your visa it should actually have it marked on there.

I am subject to 2 year rule, cause I extended (it means I will fullfil my second year- when you extend your stay, youll get renewed DS form with that rule) (It is written on renewed DS, . I wouldnt bother myslef with that if I wouldnt be subject to)

Edited by grossesosse
mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

I extended too and im not subject. My friend and everybody else I know, who extended and got married afterwards didnt either. Just double check. It obly applies if you get scholarships etc... But as I said hostfamilies are your sponsors so no

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

If it is written on her visa and DS-form, then I would say it is pretty clear she is subject to the rule..

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

Yea maybe, she should double check though. As I said I freaked out first too, I read it wrong. But maybe its a Germany-US thing cause everyone of my German j1 visa holder friends is not subject to it...

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

grossesosse Rookie

grossesosse   0

Posted
Filed: J-1 Visa Timeline
  • Author
Posted

Yea maybe, she should double check though. As I said I freaked out first too, I read it wrong. But maybe its a Germany-US thing cause everyone of my German j1 visa holder friends is not subject to it...

probably it is US-Germany thing, I know a few aupair, who extended, and they have 2HHR as well (but they are coming home).... UGh. youre so lucky I wish I were too--- so I am goin to figure out what to do :unsure:

mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

Oh dang, that sucks then! Im just.surprised bc in the back of the ds form it has an explanation about the rule. Good luck then!

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

 
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